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

ANGELA C MARTIN, Employee

QUAD/GRAPHICS INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 11004763EC


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 30 of 2011, and until four weeks have elapsed since the end of the week of quitting and she has earned wages in covered employment performed after the week of quitting equaling at least four times her weekly benefit rate which would have been paid had the quitting not occurred. The employee is required to repay the sum of $363 to the Unemployment Reserve Fund.

Dated and Mailed March 21, 2012

BY THE COMMISSION:

/s/ Robert Glaser, Chairperson

/s/ Ann L. Crump, Commissioner

/s/ Laurie R. McCallum, Commissioner

MEMORANDUM OPINION

The employee has petitioned for commission review of the adverse appeal tribunal decision. The employee asserts that the employer accepted the employee's resignation. The employee asserts that the employer offered her alternative employment which was essentially a new and limited term period of employment. Thus, the employee asserts that she was actually discharged from the second term of employment. The commission notes that while the conditions of the employee's work changed, this change was occasioned by the employee's own actions. The employer offered her an additional two weeks of work in order to perform transitional work, meaning that the employee helped train other people to do her work. Because the employee originally gave the employer notice and the employer asked the employee to remain employed longer than her original notice date, the parties extended, by mutual agreement, the employee's date of quitting.

The employee further asserts that the ALJ erred by allowing uncorroborated and altered documents into the record. However, the ALJ's decision to allow the exhibits into the record was reasonable. The ALJ could then determine how much weight to give those documents. Further, those documents are part of the record and therefore the commission can review those documents. Finally the testimony of the parties was for the most part undisputed. The conclusion that the employee quit could be based solely on the testimony of the parties. While the employee does not agree with the hearing office's decision to grant a postponement, the Eau Claire hearing office had the discretion to allow the employer to postpone a hearing.


cc: Quad/Graphics, Inc., Sussex WI
Roslyn Martin

 

martian . usd : 145 : 6


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