OGECHI A OLAOSUN, Employee
FROEDTERT MEMORIAL LUTHERAN
HOSPITAL INC, Employer
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.
The decision of the administrative law judge is affirmed. Accordingly, the employee is ineligible for benefits, beginning in week 21 of 2011, and until she is able and available for work in the general labor market. The employee is required to repay the sum of $9,993.00 to the Unemployment Reserve Fund.
Dated and mailed August 21, 2012
BY THE COMMISSION:
/s/ Robert Glaser, Chairperson
/s/ Ann L. Crump, Commissioner
/s/ Laurie R. McCallum, Commissioner
The employee has petitioned for commission review of the adverse appeal tribunal decision which found that the employee was not available for work as of week 22 of 2011. The employee states that she disagrees with the ALJ's findings of fact and conclusions of law. However, at the hearing the employee agreed that her employment authorization to work in the United States expired on May 20, 2011. Wis. Stat. § 108.04(2)(a)1. provides that a claimant must be able to work and available for work in order to be eligible for unemployment insurance benefits. Wis. Admin. Code § DWD 128.01(5) provides that to be considered available for work an alien "must be legally authorized to work that week in the United States by the appropriate agency of the federal government." During the weeks at issue, the employee was not legally authorized to work in the United States.
olaosog3 . usd : 132 : 1
cc: Attorney Randy Enochs
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uploaded 2012/09/26