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


MARK T DEBACK, Employe

BEST FORD, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99604535MW


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 September 13, 1999
debacma.usd : 105 : 2  MC 626

/s/ David B. Falstad, Chairman

Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner


MEMORANDUM OPINION

The employer's petition for review includes factual assertions not supported by evidence from the hearing. The commission itself does not take evidence, but rather conducts its review based upon the evidence put into the record at the hearing. For this reason, the commission cannot consider factual assertions in petitions for review which are not supported by the hearing record.

The evidence in the hearing record fully supports the administrative law judge's conclusion of discharge. The employe testified that it is customary in the business that if the employer takes your demonstrator car you are discharged. The employer's sales manager testified both before and after this testimony by the employe. He did not contradict this testimony by the employe. The employe supported his assertion with testimony to the effect that several co-workers telephoned the employe to ask why he had been discharged. Based upon these factors, the most reasonable inference is that the separation was a discharge by the employer and not a quit by the employe.

For these reasons, and those stated in the appeal tribunal decision, the commission has affirmed that decision.

cc: ATTORNEY JEROME SHIMEK


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