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


CONNIE A CHRISTOPHERSON, Employe

STERLING OPTICAL SOUTHRIDGE, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99606298RC


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's base period wages with the employer are reduced to ten times the benefit rate as computed solely for this work.

Dated and mailed December 7, 1999
chrisco.usd : 105 : 6 ER 455

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner


MEMORANDUM OPINION

The employe's position is that she is entitled to full unemployment insurance, because of the improper discharge of her by the employer. Unfortunately, the statute which limits the employe's unemployment insurance makes no distinction as to how or why a subsequent separation occurred. Regardless, the unemployment insurance available to a person who owns one-fourth or more of the ownership interest of the corporation in question, is limited by Wis. Stat. § 108.04(1)(g)3.

The employe also asserts that she is subject to a two-year non-compete clause from her employment with the employer. The commission can only refer the employe to Wausau Medical Center v. Asplund, 182 Wis. 2d 274, 514 N.W.2d 34 (Ct. App. 1994). Among other things, that case indicates that restrictive covenants are prima facie suspect, are to be construed in favor of the employe, must be necessary for the protection of the employer, and must provide a reasonable time restriction and reasonable territorial limit.


[ Search UC Decisions ] - [ UC Digest - Main Index ] - [ UC Legal Resources ] - [ LIRC Home Page ]