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

SARA K HECKE, Employee

MARKET PROBE INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 11611162MW


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 24 of 2011, and until four weeks have elapsed since the end of the week of quitting and the employee has earned wages in covered employment performed after the week of quitting equaling at least four times the employees weekly benefit rate which would have been paid had the quitting not occurred. 

Dated and Mailed March 29, 2012

BY THE COMMISSION:

/s/ Robert Glaser, Chairperson

/s/ Ann L. Crump, Commissioner

/s/ Laurie R. McCallum, Commissioner

MEMORANDUM OPINION

 

In her petition for commission review, the employee argues that the statutory exceptions at Wis. Stat. 108.04(7)(t) and 108.04(7)(c) do not say that if you are engaged you are ineligible for unemployment benefits.  She explains that at the time that she notified her employer that she was quitting, her fianc was experiencing serious health problems and she feared that he would die.

Neither of the cited quit exceptions applies to the employee's situation.  The exception at Wis. Stat. 108.04(7)(t) provides that an employee shall not be disqualified if the department determines that the employee's spouse changed his or her place of employment to a place to which it is impractical to commute and the employee terminated his or her work to accompany the spouse to that place.

The plain language of Wis. Stat. 108.04(7)(t), says that the quitting must be to follow a spouse.  The commission is required to apply the statute as it is written and has no authority to deviate from its plain language.  The employee was not married at the time of her quitting and therefore the exception at Wis. Stat. 108.04(7)(t) does not cover the employee's situation.

The exception at Wis. Stat. 108.04(7)(c) does not apply to the employee either.  The exception provides that if an employee terminates his or her work because of the verified illness or disability of a member of his or her immediate family and the verified illness or disability reasonably necessitates the care of the family member for a period of time that is longer than the employer is willing to grant leave, she will not be disqualified.  Even if the commission were willing to expand the definition of immediate family member to include individuals who have no legal relationship to the employee, the employee did not seek a leave of absence from her employer before quitting.  In fact the employee testified that she never discussed her reason for quitting except to indicate that she was moving to Texas. 

The employee's quitting was for valid personal reasons, but not within any exception permitting the immediate payment of benefits.  While such language results in a decision adverse to the employee, this reflects the Legislature's intent in cases such as these.

 



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