JAMES H EBBINGER, Employee

BARTELT INSULATION SUPPLY 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 ineligible for benefits beginning in week 23 of 2008, and until four weeks have elapsed since the end of the week of quitting and the employee has earned wages in covered employment performed after the week of quitting equaling at least four times the employee's weekly benefit rate which would have been paid had the quitting not occurred.

Dated and mailed August 19, 2008
ebbinja . usd : 132 : 1  ER 460   PC 713

/s/ James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

The employee has petitioned for commission review of the adverse appeal tribunal decision which found that he voluntarily terminated his employment and not for any reason that permits immediate benefit payment. The employee states in his petition that the only employer listed on the decision was Bartlett and Gagnon was the only employer at the hearing. The employee states that he was not entirely prepared for the hearing as that was unexpected. However, Bartlett was the named employer because it is the employer whose account is subject to being charged for the employee's benefits. It is clear from the determination that the separation from the non-subject employer was at issue. The determination, hearing notice and appeal tribunal decision all indicated that Gagnon was being sent the document. Nor does the employee elaborate on what he would have presented had he known Gagnon would be the only employer at the hearing that would change the outcome in this case. Indeed, the ALJ accepted the employee's testimony regarding why he quit. The employee quit for personal reasons. However, such personal reasons for quitting do not fall within an exception to the quit disqualification.

cc: Gagnon, Inc.

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

uploaded 2008/09/26