STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)

CORDEOUS A REYNOLDS, Employee

ADVANCE SECURIT, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 07602150MW


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.

DECISION

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

Dated and mailed August 16, 2007
reynoco1 . usd : 135 : 6   VL 1016  VL 1039.01  VL 1080.26

/s/ James T. Flynn, Chairman

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

MEMORANDUM OPINION

In its petition for commission review, the employer contends that the employee was offered full time work during the days and hours he was limited too. The record however establishes that the employee was only offered part time work during the weeks in question and that the employer could not guarantee whether those hours would be first or second shift. The employee quit his employment in week 9 of 2007 because the varying shifts available at the employee's new assignment interfered with his childcare responsibilities.

Pursuant to Wis. Stat. § 108.04(7)(cm) an employee may be eligible for benefits if the employee is hired to work a particular shift and the employer transfers the employee to a shift occurring at a time that would result in a lack of childcare for the employee's minor children, providing the employee is still able to work and available for full time work during the same shift that the employee most previously worked for the employer. Here, the employee worked approximately four years for the employer in an assignment exclusively on first shift. The employee was unavailable for second shift work because of his childcare responsibilities for his minor children. Therefore the employee's quitting is within the meaning of Wis. Stat. § 108.04(7)(cm) and the employee is eligible for benefits within the meaning of that statute, if otherwise qualified.

Cc: U.S. Security Associates, Inc., Chicago, IL



[ Search UC Decisions ] - [ UC Digest - Main Index ] - [ UC Legal Resources ] - [ LIRC Home Page ]


uploaded 2007/08/20