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

IN RE J. DOE, 09610855MW

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 09610855MW


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:

Delete the final sentence of the sixth paragraph after the FINDINGS OF FACT and CONCLUSIONS OF LAW and substitute therefor:

Wis. Stat. § 108.04(7)(s)2 allows a claimant employee to avoid the quit disqualification if the claimant:

108.04(7)(s)2.a.

a. Terminates his or her work due to domestic abuse, concerns about personal safety or harassment, concerns about the safety or harassment of his or her family members who reside with the employee or concerns about the safety or harassment of other household members; and

108.04(7)(s)2.b.

b. Provides to the department a protective order relating to the domestic abuse or concerns about personal safety or harassment issued by a court of competent jurisdiction, a report by a law enforcement agency documenting the domestic abuse or concerns, or evidence of the domestic abuse or concerns provided by a health care professional or an employee of a domestic violence shelter.

After the first sentence of the seventh paragraph after FINDINGS OF FACT and CONCLUSIONS OF LAW, add: "The employee attempted to obtain a police report but was unsuccessful."

DECISION

The decision of the administrative law judge, as modified, is affirmed. Accordingly, the employee is ineligible for benefits beginning in week 40 of 2009, 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 April 29, 2010
In re J. Doe 09610855MW . umd : 145 : aty VL 1016.06

/s/ James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

MEMORANDUM OPINION

The employee has petitioned for commission review of the adverse appeal tribunal decision. The employee states that the ALJ concluded that she should have stayed in Wisconsin and filed a restraining order, but that she had no family in Wisconsin and did not have a place to stay while this process was accomplished. The employee states that because there was a potential for immediate harm, she did not believe it was possible for her to return to work the next day and to be safe. The commission has modified the appeal tribunal decision to clarify that the employee could also have filed a police report or taken other steps to corroborate her claim that she was the victim or potential victim of domestic abuse. While the employee does not necessarily need to obtain a restraining order, the employee still needs to submit to the department the report of a police officer or evidence provided by a health care professional or the employee of a domestic abuse shelter in order to meet the statutory requirements that allow for immediate benefit payment when a worker quits because of domestic abuse. The employee had attempted to obtain a police report and if she is able to do so she can send a copy of the police report to the commission so that the commission can determine whether to take further action in this case.


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uploaded 2010/06/11