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

JANA M DUNCAN, Employe

ACCESSIBLE MEDICAL STAFFING INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99602831MW

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 eligible for benefits, if otherwise qualified.

Dated and mailed August 31, 1999
duncaj2.usd : 178 : 1 SW 800 SW 815

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

In its petition for commission review, the employer argues that the employe refused the majority of assignments offered to her and should not therefore be eligible for unemployment benefits. It is not in dispute that she refused these shifts. The issue before the commission is whether the employe had good cause for refusing these shifts.

In evaluating whether an individual has good cause for refusing work, the commission focuses on the reason why the individual refused the work and evaluates its reasonableness and whether an alternative to refusing the work was available. Since these assignments were generally short notice assignments, the employe had few alternatives if her personal circumstances prevented her from immediately accepting an assignment. The employe's need for 24 hours notice to arrange child care was reasonable.

While the employer may reasonably have been frustrated by the employe's frequent inability to accept short notice assignments, the employe nevertheless has established that she had good cause for her refusal. By calling the employe a few hours before the assignment, the employer did not give the employe enough time to arrange her affairs to accept assignments. The employe is not expected to arrange her entire life to be available to accept work on very short notice. Her refusing assignments was reasonable under the circumstances. Therefore the appeal tribunal decision is affirmed.

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