REGINA R BURKS, Employee

FSQ 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 29 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 November 26, 2008
burksre . usd : 132 : 1  VL 1007.05  VL 1001.09

/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 the employee voluntarily terminated her work for the employer and not for any reason that permits immediate benefit payment. The employee had been off work due to a medical condition but was released to return to work on July 11, 2008. The employee did not report for work on that date or her next scheduled work date, July 14, 2008. The employee maintained that she was too ill to call the employer. The ALJ did not credit the employee's explanation. The commission agrees with the ALJ where the absences occurred over a four day period and the employee had been released to return to work by her doctor. Whether the employee believed the employer's policy provided that she was discharged after two no call no shows or was considered a voluntary termination, the employee was aware that if she did not call on two consecutive work days she would no longer be employed by the employer.

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uploaded 2008/12/29