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


JEAN M MACHI, Employe

KOHNER MANN & KAILAS SC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99604720MW


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 November 22, 1999
machije.usd : 178 : 1    SW 844   VL 1034

/s/ David B. Falstad, Chairman

Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner


MEMORANDUM OPINION

In its petition for commission review, the employer argues that the definition of legal secretary used by the labor market report to define similar work is too broad and more closely resembles a paralegal or legal assistant position. The commission disagrees. Although the definition includes skills beyond clerical skills such as a knowledge of legal research, it is nevertheless a secretary position. The employer was given an opportunity for further hearing to contest the labor market report and although it raised the same objections in a letter to the department it declined any further hearing on the matter. The employer had an opportunity to explain why legal secretary was not the appropriate category for this position and did not wish to pursue it. The employer has waived the opportunity to object at this level.

The employer also argues that the pay range given in the report does not include a training wage or other provision for an inexperienced employe who is paid less. There is no provision in the law to provide a lower wage for less experienced workers which would nevertheless be "prevailing" in the labor market. The statute provides that a wage offer in the lowest quartile may be refused without loss of benefits and also permits an employe to try a position but quit that work within 10 weeks if the wage is substantially less favorable than that paid for similar work in the employe's labor market. In this instance, the employe received a wage in the lowest quartile and quit within 10 weeks therefore she is entitled to benefits. The commission therefore affirms the appeal tribunal decision.

Although the employe is not disqualified from benefits based on this quitting, her entitlement does not have any impact on the employer's unemployment insurance account due to the employe's short term of employment. The employer will never be responsible for any portion of the employe's present or future unemployment benefits. The three days wages it paid her is too little for it to ever become liable in a future benefit year.


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