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

Subject: George J. Van Riper (Hrg. No. 94607360MW) v. LIRC and Mobile Car Care, No. 95-CV-3043 (Wis. Cir. Ct. Milwaukee County, November 7, 1995)

Digest Codes: VL 1059.20

The employe worked as an auto mechanic for the employer, a three person car repair shop, for about three years. As of January 1994 he received a salary of $375 per week. His net pay on this amount was about $277. He also received a weekly bonus of $125 from which no deductions were taken. During weeks he did chores around the shop he received another $50. His weekly take home pay under this arrangement was about $452 based on a work week of about 50 hours.

Prior to May 1994 the employer talked to the employe about his attendance. The employe sometimes missed two out of five days per week. The week prior to the termination of his employment the employe was absent for four days. Because of this attendance record the employer switched the employe to payment on an hourly basis with the entire amount subject to taxes. The employe’s first check after this change was $358. The employe quit after receiving his first check without telling the employer that he was quitting.

Held: The employe was notified of the pay change in advance and did not comment on it. He did not talk to the employer about the pay change prior to quitting. The commission’s conclusion that the employe’s quitting was not for good cause attributable to the employer is reasonable. Benefits denied.

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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