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


CHRISTINE A MAURER, Employe

COUNTY OF SHEBOYGAN, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99400967SH


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 makes the following:

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The employe worked about seven and one-half years for the employer, a county government. Her last job was as a part-time ward clerk. Her last day of work was February 3, 1999 (week 6).

By letter dated January 27, 1999 (week 5), the employer notified the employe that she was being bumped out of her position by a more senior worker effective February 4, 1999. Under the union contract, the employe had the option of bumping a less senior worker or accepting a layoff. The employe accepted a layoff. Her decision to accept a layoff rather than to bump into another position was confirmed by letter of February 4, 1999.

On February 17, 1999 (week 8), the employer offered a number of positions to the employe on February 17, 1999 (week 8). Positions offered were of four types: CNA positions, a billing clerk position, housekeeping positions and food service positions. (1) The employe declined the offered positions for various reasons. The employe rejected basically the same positions when offered on March 1 and March 4, 1999 (week 10) letters. The employer considered that the employe quit her employment when she declined the March offers.

The issue to be decided is whether the employe quit her in week 11 of 1999, the week in which she could have begun work offered to her in week 10 of 1999.

The employe neither quit her employment nor was she discharged from her employment in week 11 of 1999. The employe was laid off from her position in week 6 of 1999. She was offered the opportunity to bump someone else out of a position. She chose not to do that but to take a layoff. The employe was told that her only option to a layoff was to bump somebody else out of a job. The initial determination at issue here merely found that in week 11 of 1999 the employe did not quit her employment, because she had previously been laid off on February 4, 1999. Whether she is eligible for benefits based on her refusal of work offers in weeks 8 and 11 is not at issue here.

The commission therefore finds that in week 11 of 1999 the employe did not voluntarily terminate her employment with the employer within the meaning of Wis. Stat. § 108.04(7)(a).

DECISION

The decision of the administrative law judge is reversed. Accordingly, the employe is eligible for benefits beginning in week 11 of 1999 based on this issue, if she is otherwise qualified. There is no overpayment with respect to this issue.

Dated and mailed August 20, 1999
maurech.urr : 132 : 6  VL 1007

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

The commission's reversal of the administrative law judge's decision is not based on the credibility of witnesses. Based on the employer's own testimony, the job offers the ALJ found were made to the employe when she was bumped out of her position in week 6 of 1999, were not made to the employe until week 8 of 1999. Subsequent determinations, other than the one at issue here, addressed the work offers made to the employe for weeks 8 and 11 of 1999.


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Footnotes:

(1)( Back ) There was also one job offer as a LPN. The employe is not a LPN.