Wisconsin Labor and Industry Review Commission --
Summary of Wisconsin Court Decision relating to Unemployment Insurance


Subject: Leon Bunker  v. LIRC, Loyal Public School, Peshtigo School Dist. 197 Wis. 2d 606, 541 N.W.2d 168  (Ct. App. 1995) [Wis. Ct. App., Dist. 3,  No. 95-0174,  Oct. 10, 1995 -- on appeal from Dec. 8, 1994 decision of Oconto Co.,Cir. Ct. in UC Hrg. No. 93400408GB ]

Digest Codes: ET 481

The employe worked for Loyal Public Schools from 1987 through May 1991. He applied for, was offered and accepted a job with the Peshtigo School District for the 1991-1992 school year. Peshtigo did not offer him a job for the 1992-1993 school year. The employe interviewed with the Fort Atkinson School District on June 9, 1992. He applied for and began receiving unemployment compensation benefits for the week ending June 20, 1992. On June 18, 1992, Fort Atkinson informed the employe that he was the first choice for the job. He rejected the Fort Atkinson job on July 1, 1992, because he hoped to find a job closer to his home. On July 21, 1992 the employe accepted a job from the Chilton School District. A department deputy, an administrative law judge and the commission concluded that the employe had a reasonable assurance of employment for the 1992-1993 school year as of the week ending June 20, 1992, and therefore was not eligible for unemployment benefits beginning in that week. The circuit court affirmed the commission’s decision.

Held: The LIRC decision is reversed. Location is a condition of employment. Jobs that are approximately 180 miles apart are not reasonably similar. The supreme court’s decision in Leissring did not hold or imply that wages, benefits and hours are the only terms and conditions of employment required to be reasonably similar in order to have reasonable assurance. Other unemployment law provisions do not require an employe to move or commute an unreasonable distance to remain eligible for benefits. Location of an offered job must be reasonably similar to the employment in the preceding year for the teacher to have reasonable assurance of employment. Benefits allowed.


Please note that this is a summary prepared by staff of the commission, not a verbatim reproduction of the court decision.

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