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


Subject: Cynthia L. Lueck vs. LIRC and Lutheran Social Services, Case 00-CV-553 (Wis. Cir. Ct., Eau Claire County, April 5, 2001)

Digest Codes: VL 1005  PC 752

The employee worked as a nursing supervisor for the employer for about two and one-half years. The employee’s duties included overseeing personal care workers and making supervisory visits of patients. She quit her employment because she believed her nursing license was in jeopardy. The employee alleged the employer was engaging in unethical and illegal conduct.

The employee submitted her resignation on March 21, 2000, to be effective on April 21, 2000. At the employee’s request the employer met with her on March 30, 2000, at which time she raised her concerns about patient care. She did not inform the employer that she considered her nursing license to be at risk.

The commission affirmed the ALJ’s decision that found the employee quit her employment and not with good cause attributable to the employer. The commission found that the employee failed to establish that her license was at risk. Further, the employee did not raise her concerns before submitting her resignation. The employee did not give the employer the opportunity to address her concerns with the knowledge that she found the issues so important that she was considering terminating her employment.

Held: The employee failed to establish that the commission acted without or in excess of its powers or that its findings of fact did not support the decision. The court will not search for reasons to find a decision invalid if no evidence of invalidity is argued or presented by the employee.

The employee’s claim that the commission failed to consider her concerns about patient care because it did not mention these concerns in its decision is rejected. The commission did mention these concerns but found that the employee did not establish that the situation was such that she risked loss of license or was unable to continue work for the employer. The employee failed to give the employer the opportunity to address her concerns. The commission’s findings are supported by substantial and reasonable evidence.

The court is without authority to consider additional and extraneous documents submitted with the Summons and Complaint. In the absence of fraud, the court cannot review evidence that was not submitted at the hearing before the ALJ or on review by the commission. Fraud was not alleged or evident in the case.

The decision of the commission is affirmed.


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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