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

AMANDA J CLARK, Employee

I K I MFG CO INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 10003680JV


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

The employee worked for 3 years as a production line worker for the employer, an aerosol manufacturing company. The employee's last day for work was May 20, 2010, and she quit on the same day (week 21 of 2010).

The employee quit because she was harassed at work by a co-worker, who talked trash to her, yelled at her, swore at her, flipped her off, bumped into her once, and offered to fight her. After a confrontation between the women on April 22, 2010, the employer directed the employee to go to human resources if she had problems. The employee spoke to her supervisor and human resources about these problems on more than one occasion. The supervisor lectured both of them, moved the co-worker once, and moved the employee once, but did not solve the problem. On May 20, 2010, the employee walked near the co-worker on her way to get a drink of water. The co-worker said, "Get back to your own line, bitch." The employee reported this to the human resources representative, who said, "I'm tired of hearing about it." The employee then said, "I'm tired of dealing with it and being harassed. I quit."

The issue to be decided is whether the employee quit for a reason that would permit the payment of unemployment benefits.

The employee's uncontested testimony is that she was directed by the employer to report issues with her co-worker rather than handling them herself. She had done so on numerous occasions with mixed results. On the final occasion when she complained to the employer, the employer's human resource representative dismissed her concerns. The employee explored the reasonable alternatives to quitting when she repeatedly reported her co-worker's conduct. She had good cause attributable to the employer to quit when the employer failed to act to improve her working situation.

The commission therefore finds that in week 21 of 2010, the employee voluntarily terminated her employment with good cause attributable to the employer within the meaning of Wis. Stat. § 108.04(7)(b).

DECISION

The decision of the administrative law judge is reversed. Accordingly, the employee is eligible for benefits beginning in week 21 of 2010, if she is otherwise qualified.

Dated and mailed October 29, 2010
clarkam . urr : 178 : 1 VL 1080 . 09

/s/ James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

MEMORANDUM OPINION

The commission did not discuss witness credibility with the ALJ prior to reversing. It accepts the findings of the ALJ. However, it reaches a different legal conclusion when applying the law as found by the ALJ. It concludes that the employer's failure to act to repeated harassment by a co-worker gave the employee good cause attributable to the employer for quitting.


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