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

TIMOTHY R WEAVER, Employee

QTI OF SOUTHEASTERN WISCONSIN INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 10602317MW


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.

DECISION

The decision of the administrative law judge is affirmed. Accordingly, the employee is ineligible for benefits beginning in week 39 of 2009, and until seven weeks have elapsed since the end of the week of discharge and the employee has earned wages in covered employment performed after the week of discharge equaling at least 14 times the employee's weekly benefit rate which would have been paid had the discharge not occurred. The employer shall remain charged for the benefits erroneously paid to the employee. No overpayment is created.

Dated and mailed September 2, 2010
weaveti : 135 : 5 BR 319.4

/s/ James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

MEMORANDUM OPINION

In its petition for commission review, the employer explains that circumstances beyond its control prevented it from providing complete information during the fact finding interview conducted by the department. While it is true that the police report may have been difficult to obtain during this timeframe, other requested material, such as the employer's drug/alcohol policy was in the employer's possession. At the hearing, when asked by the ALJ why the employer had not furnished the department with its policy, the employer's witness indicated it was an oversight not to send the policy. The requested information could have been mailed or faxed to the department in a timely fashion. Under these circumstances, the employer failed, without good cause, to provide correct and complete information requested by the department during its fact finding investigation, pursuant to Wis. Stat. § 108.04(13).



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uploaded 2010/09/10