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

ALEXANDER E FIEIRAS, Claimant

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 09000572JV


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 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 claimant does not qualify for Emergency Unemployment Compensation as of week 2 of 2009.

Dated and mailed May 8, 2009
fieiral : 132 : 5

/s/ James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

MEMORANDUM OPINION

The claimant has established a benefit year in California.(1) The claimant's California unemployment insurance benefits have been suspended by a decision finding the employee was discharged for misconduct connected with his work. The employee is disqualified from benefits until he receives remuneration of at least $625.00 in bona fide employment.(2) The claimant would be eligible for regular unemployment benefits in California had his claim not been suspended. However, the suspension of the claimant's benefits does not make the claimant an "exhaustee" for EUC purposes. If the claimant's appeal is successful he would be eligible, barring any other impediments, for regular benefits in California. If the claimant's appeal is unsuccessful, he still would not be eligible for EUC.



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uploaded 2009/05/08


Footnotes:

(1)( Back ) The record indicates that the claimant's base period wages for his California claim consist of wages from Saddle Ranch of $3,230.76 in quarter 2 of 2008 and $3,230.76 in quarter 3 of 2008. The claimant testified at the hearing that he worked for Saddle Ranch from April 14, 2008 until June 15, 2008. Those employment dates occur entirely within quarter 2 of 2008.

(2)( Back ) Under California law, a discharge for misconduct does not result in cancellation of wage credits or total reduction of benefit rights.