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


DONALD P SUNDELIUS, Employe

AEROTEK INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99400669AP


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, except that it makes the following modifications:

Paragraphs five and six of the appeal tribunal's Findings of Fact and Conclusions of Law are deleted, and the following is substituted therefor:

The sales manager took the position at hearing that the employer considered the employe discharged as of week 7, and only made the decision to attempt to find him further work after a full investigation of the matter with the client company. The employer rejected the suggestion that the employe was under a kind of disciplinary suspension pending the results of the investigation. Under these facts, the employe was discharged from, and did not quit, his employment in week 7 of 1999.

DECISION

The decision of the administrative law judge, as modified, is affirmed. Accordingly, the employe is eligible for benefits beginning in week 7 of 1999, if otherwise qualified. There is no overpayment of benefits, and the employe is not required to repay $297 to the department.

Dated and mailed August 3, 1999
sundedo.umd : 105 : 6  SW 844  VL 1025

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner


MEMORANDUM OPINION

The commission has modified the appeal tribunal decision to delete language referring to the so-called seven-day rule for temporary help employers (to the effect that, if an employer has another assignment for an employe within seven days, the employment relationship is deemed to continue to exist). The commission rejected this department policy in Jones v. Seek, Inc., Hearing No. 99601034MW (LIRC 7-6-99). In other respects, though, the appeal tribunal decision is properly affirmed. The employer's evidence of wrongdoing by the employe was insubstantial and, as the administrative law judge noted, there is no evidence in the record to suggest that the employe should have known his e-mail use was improper. For these reasons, and those stated in the appeal tribunal decision, the commission has affirmed the decision as modified.

cc: STEVEN G MURRAY
C/O AEROTEK INC


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