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

Subject: Eloisa G. Zaruba  v. Rest Haven Nursing Home and State of Wisconsin LIRC   (Iowa Co. Cir. Ct., Case No.  99-CV-150, April 12, 2000)

Digest Codes: VL 1007.01

The employe worked as a certified nursing assistant for the employer, a nursing home. She and her nursing supervisor did not get along well together. On the night of July 16, 1999, the supervisor was working with the employe and telephoned the employer’s administrator at home concerning a particular conflict she was having with the employe. The employe was told she could go home for the night after she talked to the administrator, who was coming to see her. When the administrator arrived he spoke with the employe about her conflict with the supervisor, and approved of an arrangement whereby the employe would no longer work on the same shift as that supervisor. The administrator testified that he and the employe then proceeded to review the employe’s future work schedule, and agreed that the next scheduled work shift for the employe was July 24, 1999. Then the employe left the nursing home. The employe’s testimony contradicted that given by the administrator, in that she testified that the administrator simply told her twice that she should look for another job.

The employe conceded that she came to the facility to pick up her paycheck on July 23, 1999, and saw that she was scheduled to work on July 24, 1999. She alleged that she telephoned an unidentified individual in the employer’s office and asked that individual if he/she was aware that she had been fired on July 16, 1999. The employe alleged that the individual gave no reply except to say that it had been a pleasure working with her.

The appeal tribunal found the administrator’s testimony credible and found that the employe quit her employment. The commission affirmed and the employe appealed.

Held: The commission is affirmed. Credible and substantial evidence supports the commission’s factual findings. In particular, the court noted that the employe conceded that she was scheduled to work on July 24, 1999, and that she chose not to report.

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

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