Wisconsin Labor and Industry Review Commission --
Summary of Wisconsin Court Decision relating to Unemployment Insurance

Subject: Jean M. Nayes (Hearing No. 95401170MW) v. LIRC and Two Rivers Community Hospital (Wis. Cir. Ct. Manitowoc County Case No. 95-CV-289 March 5, 1996) Allan J. Deehr, Circuit Judge.

Digest Codes: BR 305

The employe worked for Two Rivers Community Hospital from June 1993 through February 1994. During the first quarter of 1994 the employe received $1600 in wages from that employer. When that employment terminated the employe applied for and received unemployment benefits for 27 weeks. That exhausted her benefits in August 1994. She had no subsequent employment. In April 1995 the employe filed a new claim for benefits. The claim was denied because she did not have sufficient base period wages to establish a new benefit year. The employe contends that the employer retaliated against her and prevented her from establishing a new benefit year.

Held: The employe has presented no legal basis for negating the statutory eligibility requirements. She did not even comply with the court’s briefing schedule. The tirade of grievances that the employe has against her employer are not relevant to the issue of unemployment benefit eligibility. Any legitimate grievance against her former employer must be pursued in the appropriate forum which it is her responsibility to choose.

Please note that this is a summary prepared by staff of the commission, not a verbatim reproduction of the court decision.

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