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

JEREMY J WASHA, Employee

SENECA FOODS CORP, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 09006088MD


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 makes the following:

FINDINGS OF FACT AND CONCLUSIONS OF LAW

From March until June of 2009, the employee worked for a temporary staffing business on an assignment for the named employer (Seneca Foods Corp.). On July 6, 2009, he started a second assignment through the temporary staffing business at the named employer's site. He worked Monday through Friday from 8:00 a.m. until 3:30 p.m. His final pay rate on the assignment was $16 per hour.

Seneca Foods Corp. offered the employee full time work, which he ultimately refused on September 21, 2009, opting to stay his temporary staffing business employer. On September 24, 2009, the temporary staffing business, the employee's employer, ended his assignment at Seneca Foods Corp.

The issue to be decided is whether the employee had good cause for refusing the above offer of work.

The employee was working full time for the temporary staffing business employer and declined the offer of work from the named employer electing to remain employed full time with his current employer. There is no evidence that the employee was aware when he declined the offer that his assignment was going to end. Refusing an offer of work to remain employed on a full time basis with one's current employer is good cause for such refusal.

The commission therefore finds that in week 42 of 2009, the employee failed, with good cause, to accept an offer of suitable work, within the meaning of Wis. Stat. § 108.04(8)(a).

DECISION

The decision of the administrative law judge is reversed. Accordingly, the employee is eligible for benefits beginning in week 42 of 2009, if he is otherwise qualified.

Dated and mailed March 29, 2010
washaje : 132 : 5 SW 854

/s/ James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

MEMORANDUM OPINION

The commission did not consult with the ALJ who presided at the hearing regarding his impressions of witness credibility and demeanor. The commission's reversal is not based on the credibility of the witnesses.


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