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

Subject: Michael L. Fleischman v. LIRC and Custom Interior Solutions, Inc., Case 04-CV-004489 (Wis. Cir. Ct., Milwaukee Co., December 13, 2004)

Digest Codes: VL 1007.20  MC 627

The employee worked for six months as a cabinet maker for the employer, a custom cabinet company. He objected to a new no-smoking policy instituted by the employer, and as a result drafted a resignation letter and informed the employer that he intended to quit in two weeks. The employer told the employee he should leave immediately. The appeal tribunal and the commission found an accelerated quit, making the employee eligible for the two weeks but ineligible thereafter. In his appeal to circuit court, the employee alleged that he only indicated he was looking for another job, that he never quit the employment, and that he should have been allowed to submit additional evidence after the hearing.

Held: The finding of an accelerated quit is affirmed. Credible evidence demonstrates that the employee communicated his intention to quit in two weeks. The record is limited to the evidence presented at the hearing, and the notice of hearing informed the employee that he should bring all his evidence to the hearing.


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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