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

CHRISTINE A VAN DE YACHT, Employee

IDEA PEOPLE LLC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 09202211EC


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, except that it makes the following modifications:

1. In paragraph one of the appeal tribunal's FINDINGS OF FACT AND CONCLUSIONS OF LAW, "11 years" is deleted and "21 years" is substituted therefor.

2. In paragraph five of the appeal tribunal's FINDINGS OF FACT AND CONCLUSIONS OF LAW, "January of 2009" is deleted and "January of 2008" is substituted therefor.

DECISION

The decision of the administrative law judge, as modified, is affirmed. Accordingly, the employee's base period wages shall be limited to a maximum of ten times the weekly benefit rate based solely on employment by this employer.

Dated and mailed February 26, 2010
vandech : 105 : 5 VL 1054.09 ER 470.01

/s/ James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner


MEMORANDUM OPINION

The commission appreciates the untenable situation the appellant was placed in by the death of her business partner. Unfortunately, the laws governing benefit eligibility in the corporate setting are strict and they require the limitation on benefit eligibility imposed by the appeal tribunal decision.

The appellant's testimony at hearing was to the effect that there was a transfer of assets between Van De Yacht & Associates and Idea People, L.L.C., so by operation of Wis. Stat. § 108.16(8)(a), the business is deemed transferred. Since the two businesses, at the time of the transfer, were owned by the same interest, Idea People, L.L.C. is deemed a successor to Van De Yacht & Associates. Finally, Wis. Stat. § 108.16(8)(i) requires that employment with the transferor, Van De Yacht & Associates, be deemed employment performed for the successor. These statutes, taken together, render the cessation of operations of Van De Yacht & Associates of no legal effect.

For these reasons, and for those stated in the appeal tribunal decision, the commission has affirmed that decision as modified.

cc: Van De Yacht & Associates


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