Wis.LIRC UC Decision: Luzinski - November 9, 1995 - VL 1034 - Quit new work after trial - "Quit (with) same good cause" - quit within 10 weeks of work which could have been refused under "labor standards" is not disqualifying; employe does not have to assert labor standards as a reason for quitting

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

JUDITH A LUZINSKI, Employe

WEATHER SHIELD MFG INC, Employer

UNEMPLOYMENT COMPENSATION DECISION
Hearing No. 95201302EC

An administrative law judge (ALJ) for the Division of Unemployment Insurance of the Department of Industry, Labor and Human Relations 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 in week 30 of 1995, if she is otherwise qualified.

Dated and mailed: November 9, 1995
luzinju.usd : 132 : VL 1034

/s/ Pamela I. Anderson, Chairman

/s/ Richard T. Kreul, Commissioner

/s/ David B. Falstad, Commissioner

MEMORANDUM OPINION

The employer has petitioned for commission review of the adverse appeal tribunal decision which found the employe was eligible for benefits because she accepted work with the employer which she could have refused with good cause and terminated that work within 10 weeks after starting that work. Section 108.04 (7)(e) of the statutes states that the voluntary quit disqualification of 108.04 (7)(a) does not apply if the employe accepted work he or she could have refused with good cause under 108.04 (8) and terminated such work with the same good cause and within the first ten weeks after starting the work, or if the employe accepted work he or she could have refused under 108.04 (9) and terminated such work within the first ten weeks after starting the work. The first half of paragraph (e) states that the employe must quit the work with the same good cause he or she could have refused it under 108.04 (8); there is no such limitation with regard to the latter portion of paragraph (e), a quit of work an employe could have refused under 108.04 (9). Section 108.04 (9) likewise contains no language suggesting that a claimant must raise labor standards as a reason for quitting or refusing work. The Department of Labor, finally, has also expressly indicated that the labor standards are mandatory, minimum standards and, as such, are applicable whether or not a claimant raises them. See January 6, 1947 Program Letter No. 130 at 2. For these reasons, it is irrelevant that the employe did not assert labor standards as a reason for quitting her employment with the employer. Whatever reasons the employe did assert for her quitting are irrelevant for the same reason. In addition, as noted in the appeal tribunal decision, if the employe is eligible for benefits due to the application of section 108.04 (7)(e) of the statutes, any benefits payable to the employe based on work performed for the employer prior to the quitting will be charged to the fund’s balancing account.

For the above reasons, and reasons set forth in the appeal tribunal decision, the commission affirms that decision.

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