WILLIE J DAVIS, Employee

CROWN SERVICES, 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 eligible for benefits, if otherwise qualified.

Dated and mailed March 20, 2009
daviswi . usd : 178 : 6   VL 1007  VL 1025

/s/ James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

In its petition for commission review, the employer argues that the employee remained an active employee of the business after the end of his assignment and was discharged for violation of its drug and alcohol policy.

The commission has carefully considered the employer's argument while conducting its review. The ALJ concluded that the employment relationship ended at the end of the employee's previous assignment because the job he was offered on September 19 was contingent on passing the drug screen and therefore not an offer of an assignment to be started on a definite date.

The commission has previously found that a temporary help worker did not quit when he failed to meet several contingencies prior to placement in an assignment including providing a resume, a drug test and a background check. Miller v. Cornwell Personnel Associates Ltd, U I Hearing No. 05602067MW (LIRC Aug. 16, 2005). A similar rationale underpins the ALJ's conclusion that the employment relationship ended when the employer failed to offer a condition free assignment or work assurance within seven days. Therefore, the commission affirms the appeal tribunal decision.

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uploaded 2009/04/03