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


CATHERINE C HAYNE, Employe

DEPARTMENT OF CORRECTIONS, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99603516RC


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 employe is ineligible for benefits as of week 49 of 1998, and until four weeks have elapsed since the end of the week of quitting and the employe has earned wages in covered employment performed after the week of quitting equaling at least four times the employe's weekly benefit rate which would have been paid had the quitting not occurred.

Dated and mailed August 4, 1999
hayneca.usd : 164 : 2 UW 925 BR 339

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner




MEMORANDUM OPINION

In her petition for commission review the employe argues that the monies she received from Kenosha Human Development Services were based, in part, on work she performed while she was employed by that entity. She contends the settlement agreement she signed was "significantly ambiguous as to be non-exclusive in this regard" and that she signed the agreement with the understanding that the $2,000 was to be issued "for ERD/EEOC and direct service" and would be taxable as income from the employer. The employe's argument fails. In order to requalify for benefits, the employe must have earned wages after the week of the termination equal to at least four times her weekly benefit rate. See Wis. Stat. § 108.04(7)(a). The $2,000 the employe received to settle her equal rights complaint does not represent earned wages, but was paid in consideration of the employe's signature on a release wherein she waived all claims against the employer. While the settlement may be deemed taxable income by the Internal Revenue Service, it cannot be considered earned wages for the purposes of the unemployment statute. Accordingly, the appeal tribunal decision is affirmed.


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