Wis.LIRC ER Decision: Wren, Angela - November 26, 2004 - Procedure - failure to respond to correspondence from the department - complainant asserted she had previously receive only regular mail from the ERD and was not expecting a certified letter, did not respond to it because she thought it was from a bill collector

STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)

ANGELA D. WREN, Complainant

COLUMBIA ST MARYS HOSPITAL, Respondent

FAIR EMPLOYMENT DECISION
ERD Case No. 200402125

An administrative law judge (ALJ) for the Equal Rights Division of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.

The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission agrees with the decision of the ALJ, and it adopts the findings and conclusion in that decision as its own.

DECISION

The decision of the administrative law judge (copy attached) is affirmed.

Dated and mailed November 26, 2004
wrenan . rsd : 125 : 9

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner

MEMORANDUM OPINION

The ALJ dismissed Angela Wren's complaint pursuant to Wis. Stat. § 111.39(3), because she failed to respond within 20 days to correspondence concerning her complaint from the department sent by certified mail to her last- known address.

In her petition for review, Wren requests that her case be reinstated. She asserts that all the mail she had ever received regarding her case was in a "white envelope," and that she was never told to expect a certified letter regarding her case.

However, the department did send correspondence by certified mail to Wren concerning her complaint to her last-known address. Further, the correspondence was purposeful in that it inquired if she wanted the Division to conduct a second independent investigation of her complaint dismissed by the EEOC, and the correspondence advised her that a written response was required by September 13, 2004. See Palmer v. Wisconsin Public Service Corp. (LIRC, 07/30/03). Wren failed to respond by the September 13th date. Wren initially explained that she failed to claim the Division's certified mail because she assumed it was from a bill collector. She now asserts that she was never told to expect a certified letter regarding her case. These assertions fail to provide a basis for the commission to reinstate her case, however. Wisconsin Statute § 111.39(3), requires the dismissal of her complaint.

cc: Attorney Lori A. Henley

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uploaded 2004/11/29