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

Subject: Amy K. Gillies v. LIRC and Manu Tronics, Inc. (Hearing No. 93606935KN), (Case No. 94-CV-767, Wis. Cir. Ct. Kenosha Co., July 5, 1995, Robert V. Baker, Circuit Judge)

Digest Codes: VL 1001.06

The employe worked for the employer, a contract electronics business, for about 1 1/2 years. Her last day of work was a Friday. She then started a vacation and went to Texas. On the following Tuesday the employe learned of the death of her boyfriend’s grandmother and of a funeral scheduled for Friday in Chicago. She telephoned the employer and asked for a personal leave of absence or a vacation extension. Both were denied. On Wednesday the employe and her boyfriend flew from Texas to Chicago. After the funeral they flew back to Texas and started to drive back to Kenosha. She did not return to work on Monday, August 9, 1993, as scheduled. When she contacted the employer on Wednesday, August 11, 1993, she was told she had been terminated. The commission found that the plaintiff had voluntarily terminated her employment and was not eligible for unemployment benefits.

Held: The employe knew that the employer would not extend her vacation or grant a leave of absence. She had to shorten her vacation to attend the funeral. She elected not to return to work as scheduled. She voluntarily terminated her employment. Benefits denied.

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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