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

Subject: Christopher Blotzer v. LIRC and Enterprise Rent-A-Car, Inc., Case No. 07 CV 307 (Wis. Cir. Ct., Dodge Co., September 4, 2007)

Digest Codes: CP 360

In November 2006, the employee filed two claims for partial unemployment benefits for two separate periods between June 2004 and August 2006. Both claims were denied on the basis that the employee failed to give timely notice of his unemployment, pursuant to Wis. Stat. § 108.08(1) and Wis. Admin. Code Ch. DWD 129.01(1) and (3). The employee asserted that he should be granted a waiver of the notice requirement because in discussions with the employer about his reduced work hours, the employer promised to provide him with more work hours in the future. The employee asserted that these promises constituted indirect instruction or persuasion not to file a benefit claim (see DWD 129.04(b)). The appeal tribunal and the commission rejected this argument [commission decision], and the employee appealed to circuit court making the same argument.

Held: The commission’s findings of ineligibility are affirmed. The employer did not have any discussion with the employee concerning unemployment benefits. They were simply work-related discussions concerning future hours. The employee was not even aware of the fact that he could collect partial unemployment benefits until he talked to a co-worker in November 2006. The employer had properly posted a “Notice” poster but the employee had not read it. There were no exceptional circumstances entitling the employee to a waiver of the notice requirement.

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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