SHARON R GRACE, Employee

MILWAUKEE HEALTH SERVICES INC, Employer

An administrative law judge (ALJ) for the Division of Unemployment Insurance of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.

The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission agrees with the decision of the ALJ, and it adopts the findings and conclusion in that decision as its own.

The decision of the administrative law judge is affirmed. Accordingly, the employee is eligible for benefits, if otherwise qualified.

Dated and mailed January 12, 2007
gracesh . usd : 135 : 8  VL 1005  VL 1080.268

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner

The employer correctly frames the issue before the commission as whether the employee's quitting was with good cause attributable to the employer within the meaning of Wis. Stat. § 108.04(7)(b). The employer however disagrees with the ALJ's conclusion that the employee met her burden of proof and established that her quitting was with good cause attributable to the employer within the meaning of the law.

The employer contends that the employee's assertion she was demoted is not supported by the record since the employee's title and pay were never affected when the new chief medical officer hired a new executive assistant. While the record does support the findings that the employee's title and pay were not affected, the record also supports the finding that the employee's responsibilities were greatly reduced and that the new hire performed a majority of the responsibilities and duties the employee once had as executive assistant.

The employer argues it would place an undue burden on employers if an employee could quit with good cause attributable every time an employer modified an employee's job responsibilities without a change in title, salary, hours or benefits. Citing Kessler v. Ind. Comm., 27 Wis. 2d 398, 134 N.W.2d 412 (1965), the employer argues that such business modifications must be regarded as a prerogative of management and not considered good cause attributable to the employer for quitting. However, the commission has held that a unilateral change in job duties may provide the employee with good cause attributable to the employer for quitting. Cordts v. School District Of Solon Springs, UI Hearing No. 95201476SU (LIRC June 5, 1996); Don R. DeBaere, Jr. v. Reddy Set Service LLC, UI Hearing No. 05608529MW (LIRC February 8, 2006).

Here, the employee's job responsibilities were unilaterally changed when the new chief medical officer hired a new executive assistant. The employee was never provided an explanation for this decision by the employer. The employee was informed she would receive a new job description sometime in February of 2006 but had not received it by the end of June of 2006 when she tendered her resignation. The employee expressed dissatisfaction with her wage as compared to the new executive assistant's higher wage and was informed that the matter would be discussed. Although the employee's performance evaluation was due around her anniversary date in February it had not been completed by June 30, 2006, and thus the issue of a raise was not addressed by the employer as promised.

Contrary to the employer's arguments, the employee did speak to the employer about her dissatisfaction with her unilaterally altered job responsibilities and although she sought answers to the situation none were forthcoming. Indeed, the employer's only witness at the hearing did not have an explanation for the employee's apparent demotion. The employee repeatedly attempted to have the employer address the situation but the employer failed to do so. Under these circumstances, the employee established that her quitting was with good cause attributable to the employer within the meaning of the law.

cc: Attorney Terence A. Schuster

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