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

ANN M HILL, Employee

ASSOCIATED BANK NA, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 10403375MD


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 in week 27 through 31 of 2010 (June 27 to July 31), and until the employee has earned wages in covered employment performed after the week of quitting equaling at least $1,016.00 (four times $254.00). However, benefits totaling $4,826.00 paid for weeks 27 through 45 of 2010 will remain charged to the employer's reserve account, and the employee is not required to repay them.

Dated and mailed February 25, 2011

BY THE COMMISSION:

/s/ James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

MEMORANDUM OPINION

In its petition for commission review, the employer argues that the ALJ incorrectly found that it was at fault in not providing full and complete information to the department during the investigation. The employer argues that the ALJ focused on whether the response was timely rather than whether it was sufficient and that the timeliness issue was not noticed for hearing.

The commission disagrees that the employer was not given adequate notice that employer fault was at issue. The department requested additional information from the employer's agent by a deadline and indicated that a decision would be based on best information available at that time. The employer did not respond during the time period provided. The response came a half an hour after the deadline had passed. Therefore, it failed to provide full and complete information. The issue is whether the reason the employer failed to provide full and complete information was with good cause. The employer's witness testified that it attempted to fax its response several times in the half hour before the deadline. It then called and left a message after the deadline had passed.

The ALJ considered the employer's explanation for its failure and essentially found that it fell short of what a reasonably prudent person would do under similar circumstances. The employer delayed transmitting its response until shortly before the deadline and then further delayed when it waited an additional half hour before calling the department. The commission concludes that the employer did not have good cause for its failure. The benefits paid to the employee prior to the appeal tribunal decision will remain charged to the employer's account.

cc: Associated Bank NA (Green Bay, Wisconsin)


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