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

DANIEL J CLARK, Employee

CORNWELL PERSONNEL ASSOCIATES LTD, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 07605199MW


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 January 4, 2008
clarkda . usd : 105 : 1  SW 854

/s/ James T. Flynn, Chairman

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

MEMORANDUM OPINION

The employer argues in its petition for review that the employee did not have good cause to refuse the employer's offer of a recall to work. Whether the issue is characterized as failure to accept a recall or failure simply to accept an offer of work is irrelevant, as the standard for refusal of the work, "good cause," is the same in both instances. The commission has affirmed the appeal tribunal decision in the case, because the commission agrees with the administrative law judge that the employee did have good cause for refusing the work in question.

Specifically, as the administrative law judge found, the employee already was employed at the time of the offer in question. A line of commission decisions going back to 1992 stands for the proposition that other employment constitutes good cause for the refusal of an offer of work. See Heath v. First Step Child Care Center, UI Dec. Hearing No. 97002134JV (LIRC August 6, 1997) (good cause for a refusal of work includes a claimant's having other employment); Jawara v. Manpower Temporary Services, UI Dec. Hearing No. 96005084MD (LIRC February 3, 1997) (permanent, part-time employment was good cause to refuse an offer of work); and Dowd v. K-Tech Kleening Systems, Inc., UI Dec. Hearing No. 91201825WU (LIRC December 3, 1992) (when an employee has a choice of two employments, it is the employee's choice as to which he or she will take). The reasoning in this line of cases applies equally in the present case.



 

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