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

DEBORAH E JUSTICE, Employee

TGI FRIDAYS WI BISTROS MADISON WEST, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 07004386MD


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 request for hearing is dismissed. The initial determination remains in effect.

Dated and mailed November 28, 2007
justide . usd : 132 : 1  PC 712.4

/s/ James T. Flynn, Chairman

Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

MEMORANDUM OPINION

The employee has petitioned for commission review of the adverse appeal tribunal decision that found the employee did not have good cause for failing to attend the hearing. The employee testified that she believed she was to call the hearing office for the telephone hearing. The employee states in her petition that the "IMPORTANT MESSAGES" section says to contact the hearing office if the number listed is incorrect or missing. The employee argues that the number section was blank and therefore not incorrect. The employee further argues the number was not missing because she does not have a home or cellular phone. However, the employee should have known that the hearing office would contact her, and not vice versa. The "IMPORTANT MESSAGES" section states, in its entirety:

YOUR TESTIMONY WILL BE TAKEN BY TELEPHONE. IMMEDIATELY CONTACT THE HEARING OFFICE IF THE NUMBER LISTED IS INCORRECT OR MISSING. YOUR APPEAL MAY BE DISMISSED IF YOU ARE UNAVAILABLE WHEN CALLED.

(Emphasis added.)

In addition, the reverse side of the Hearing Notice contains additional information. The PARTICIPATION section states:

If you are the appellant listed on the reverse side, your appeal may be dismissed if you cannot be reached or do not appear within 15 minutes of the start time.

(Underlined emphasis added.)

If the employee had a number at which she could be contacted by telephone, it was her obligation to provide such number to the hearing office. If the employee could not provide such number, it was her obligation to contact the hearing office to alert the office of that fact so that other arrangements could be made, such as scheduling the employee to appear in person. Since the employee appeared by telephone at the good cause hearing, she could have arranged to appear by telephone at the original hearing.


cc: TGI Fridays (Onalaska, Wisconsin)


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uploaded 2007/12/07