Wis.LIRC UC Decision: Hoffman, Laura M. - November 16, 2017 - Work Registration – 17002961MW - CP 380 - CP 390 - The CL set up her registration profile on the Wisconsin Job Center site, but did not upload her résumé at the same time because she wanted to have it professionally redone. Benefits were denied until the CL completed registration by uploading her résumé. CL misunderstood that her benefits would be denied rather than delayed until she uploaded her résumé, but CL was not prevented from meeting the registration requirement within the allowed time period for a reason that was beyond her control so the registration requirement cannot be waived.

State of Wisconsin

Labor and Industry Review Commission


Laura M. Hoffman	Unemployment Insurance
Claimant	Decision[1]


	Dated and Mailed:

Hearing No.17002961MW	November 16, 2017
Hearing No.17002961MW

The commission modifies and affirms the appeal tribunal decision. Accordingly, the claimant is ineligible for benefits for weeks 21 through 23 of 2017. She is eligible for benefits beginning in week 24 of 2017, if otherwise qualified.

By the Commission:

/s/

Laurie R. McCallum, Chairperson

/s/

David B. Falstad, Commissioner

/s/

Georgia E. Maxwell, Commissioner

Procedural Posture

This case is before the commission to consider the claimant's eligibility for unemployment insurance benefits. An administrative law judge (ALJ) for the Unemployment Insurance Division of the Department of Workforce Development held a hearing and issued a decision denying benefits prior to week 24 of 2017. The claimant filed a timely petition for commission review.

The commission has considered the petition and the position of the claimant, and it has independently reviewed the evidence submitted at the hearing. Based on its review, the commission makes its own findings of fact and conclusions of law as follows:

Findings of Fact and Conclusions of Law

1. On or about May 27, 2017 (week 21), the claimant initiated a new claim for unemployment insurance benefits.

2. The claimant then received an email, which instructed her to register on JobCenterWisconsin.com within 14 days of filing her initial claim.

3. The claimant set up her registration profile on the Wisconsin Job Center site on either May 28 or 29. She did not upload her résumé at the same time, because her résumé was outdated and she wanted to have it professionally redone.

4. On June 10, the department issued a determination finding that the claimant did not register with Wisconsin Job Service within 14 days of being notified of the requirement that she do so. As a result, benefits were denied beginning May 21 and until the claimant fully registered with Wisconsin Job Service.

5. On or about June 12, the claimant completed her registration by uploading her résumé to the Wisconsin Job Center site.

6. On June 14, the department issued a determination finding that the claimant had satisfied the registration requirement on June 13. As a result, benefits were allowed as of week 24 of 2017, the week in which the claimant satisfied the registration requirement.

7. The claimant did not know that she would be denied benefits for failing to upload her résumé within 14 days of filing her initial claim. She thought that there would simply be a delay in receiving benefits until she completed her registration, not that benefits would be denied completely until that time. She did not get any error or message that she could not proceed because her résumé was not uploaded.

8. The claimant was not prevented from meeting the 14-day work registration requirement due to circumstances beyond her control.

9. The 14-day work registration requirement may not be waived.

10. Benefits are denied for weeks 21 through 23 of 2017.

11. The claimant is eligible for benefits beginning in week 24 of 2017, if otherwise qualified.

Memorandum Opinion

To be eligible for benefits in any given week, a claimant must have registered for work as directed by the department, unless the work registration requirement is waived.^{^[2]} A claimant is considered registered for work if the claimant has filed an application for benefits and has completed and submitted all information for registration for work as prescribed by the department and within a time-frame specified by the department.[3] The time-frame is 14 days from the date a claimant initiated his or her claim for benefits.

The claimant in this case was not fully registered with Wisconsin Job Service within 14 days of opening her claim, because she had not uploaded her résumé to the service's website in that time period. The issue in this case is whether the 14-day work registration requirement may be waived.

The department may waive the work registration requirement if the claimant was summoned to serve as a prospective or impaneled juror; is enrolled in and is satisfactorily participating in approved training, a work share program, a self-employment assistance program, or another state or federally-enacted program that waives the work search requirement; or was unable to register due to circumstances the department determines were beyond the claimant's control. The department may also waive the work registration requirement if the claimant has been laid off, but has a reasonable expectation of returning to work for his or her employer within 8 weeks, which may be extended an additional 4 weeks, or beginning work with a new employer within 4 weeks, or the claimant normally obtains work through a union referral.^{^[4]}

The claimant argued that the 14-day work registration requirement should be waived, because she did not know that her registration would not be complete until she uploaded her résumé to the Wisconsin Job Service website. She wanted to have an adequate résumé uploaded. In addition, the claimant misinterpreted letters she received from the department. It was her understanding that, if she were found eligible for benefits, the department would not deposit her benefits until after her résumé was completed and uploaded. The commission is not persuaded.

The department may waive the work registration requirement in a limited number of situations. Here, waiver would be appropriate only if it were established that the claimant was unable to register due to circumstances beyond her control.

The “beyond control” standard is strict. Only extraordinary reasons will satisfy it.^{^[5]} In this case, it is understandable that the claimant did not have a current résumé to upload immediately following her discharge. However, she had two weeks from the date on which she initiated her claim to complete the registration process, and she was notified of the timeline.

The department mails claim confirmations to claimants after a claim is opened. The claim confirmations inform claimants in bold print that no benefits will be paid to them until (1) they make at least four work search actions in each week for which they claim benefits, and (2) they “register for work (which includes completing a résumé) with Wisconsin Job Service online.” The claim confirmations contain the date by which those actions must be completed. Claimants are expressly warned that, “[i]f you register after the date listed above, you will not be eligible for benefits for any week prior to the date you registered.” The reverse side of the claim confirmation contains information about registering with Job Service and about valid and invalid work search actions. Claimants are informed that full registration with Job Service requires three steps: setting up a logon profile, registering for services, and completing a résumé. Claimants who have questions or who believe the registration or work search requirements should be waived are instructed to contact the department.

The commission has long held that it is a party's responsibility, and within its control, to carefully read mailings from the department. Here, it was within the claimant's control to read her claim confirmation and instructions closely. Had she done so, she would have seen that fully registering for work with Wisconsin Job Service includes completing a résumé. There is no suggestion that the work registration requirement is met without a completed résumé. Any concerns the claimant may have had about the need for an updated résumé to upload could have been addressed by contacting the department. The stress and demands of one's personal and work life may make attending to one's other responsibilities more challenging, but they do not actually act to prevent one from attending to these other responsibilities and do not, as a result, provide a reason beyond control for missing an established deadline.^{^[6]}

Finally, the claimant's understanding that she has “forfeited” benefits as a result of her late work registration completion is inaccurate. The benefits that would otherwise have been paid for the weeks at issue remain part of the claimant's maximum benefit amount for the current benefit year. The benefits may be paid out in later weeks, should the claimant remain unemployed or become only partially employed.

NOTE: The commission agreed with the result reached by the appeal tribunal, but rewrote the decision to reflect the correct legal standard that applies to claimants who have not met the work registration requirements.[7] The appeal tribunal applied the legal standard that applies to claimants who fail to participate in reemployment services.[8]

[1] Appeal Rights: See the blue enclosure for the time limit and procedures for obtaining judicial review of this decision. If you seek judicial review, you must name the following as defendants in the summons and the complaint: the Labor and Industry Review Commission, all other parties in the caption of this decision or order (the boxed section above), and the Department of Workforce Development. Appeal rights and answers to frequently asked questions about appealing an unemployment insurance decision to circuit court are also available on the commission's website http://lirc.wisconsin.gov.

[5] See, e.g., In re Jerome Kosmoski, UI Dec. Hearing No. S9900245MW (LIRC Mar. 22, 2000).

[6] See, e.g., Frank v. Frank Bros. Inc., UI Dec. Hearing No. 04006053MD (LIRC Jan. 13, 2005).

[7] Wis. Admin. Code § DWD 126.03(7)(circumstances beyond the claimant's control).

[8] Wis. Admin. Code § DWD 127.07(2)(justifiable cause).