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

PAUL L. HAMACHEK, Employee

STURGEON BAY IGA FOOD CENTER, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 90-400272SB


Pursuant to the timely petition for review filed in the above-captioned matter, the Commission has considered the petition and all relief requested. The Commission has reviewed the applicable records and evidence and finds that the Appeal Tribunal's findings of fact and conclusions of law are supported thereby. The Commission therefore adopts the findings and conclusions of the Appeal Tribunal as its own.

DECISION

The decision of the Appeal Tribunal is affirmed. Accordingly, the employee is eligible for unemployment benefits as of week 50 of 1989 if he is otherwise qualified.

Dated and mailed August 14, 1990

BY THE COMMISSION:

Kevin C. Potter, Chairman

Carl W. Thompson, Commissioner

Pamela I. Anderson, Commissioner


NOTE: The petition for review by the Department of Industry, Labor and Human Relations contends that the employee quit his employment with the employer-corporation when the corporation's business was taken over by a creditor.

The commission is aware of all the cases cited in the petition, as well as other cases. However, nearly all of those cases arose prior to the amendment of section 108.04 (1)(g) which became effective in November 1977 whereby the potential benefit rights of claimants situated similarly to the employee were significantly reduced. In light of that law change the Commission considers that in cases of this nature, where the potential benefit rights have been significantly reduced, there must generally be a greater showing of voluntariness on the part of the corporate owners-employers in discontinuing the business that is present in this case in order to conclude that there was a quitting.



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