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

MARY S GILSON, Employee

SEEK CAREER STAFFING INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 10609541WB


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 eligible for benefits, if otherwise qualified.

Dated and Mailed March 18, 2011

MC 625 : VL 1025

BY THE COMMISSION:

/s/ Robert Glaser, Chairperson

/s/ Ann L. Crump, Commissioner

MEMORANDUM OPINION

The employer has petitioned for commission review of the adverse appeal tribunal decision which found that the employer discharged the employee but not for misconduct connected with her work for the employer. The employer argues in its petition that the employee failed to give notice that her assignment was ending because she left a voicemail. However, even if the employee's notice was insufficient under the employer's policy, under Wis. Admin. Code § DWD 133.02 (3)(a)1., such failure constitutes a quit "provided that the employer is not aware that the assignment has ended." The employer was aware that the assignment had ended. The employer does not contend that work assurance or an offer of work was left on the employee's answering machine. There is nothing in ch. DWD 133 that indicates that 7-day assurance or an offer of work cannot be communicated by a voice message. Finally, whether the employee blocked an offer of work in week 37 of 2010 is not the issue before the commission.



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uploaded 2011/04/29