BODO H VILIUNAS, Claimant
An administrative law judge (ALJ) for the Division of Unemployment Insurance of the Department of Workforce Development issued an appeal tribunal decision in this matter. A timely petition for review was filed.
The commission has considered the petition, 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.
The appeal tribunal decision is affirmed. Accordingly, the claimant is ineligible for benefits for weeks 41 and 42 of 2015. The claimant is required to repay the amount of $740 to the unemployment reserve fund.
Dated and mailed March 4, 2016
viliubousd . doc : 132 : CP 350
BY THE COMMISSION:
/s/ Laurie R. McCallum, Chairperson
/s/ C. William Jordahl, Commissioner
/s/ David B. Falstad, Commissioner
The claimant initiated a benefit claim in May 2015. He then began filing weekly claims, including for weeks 41 and 42 of 2015.
To be eligible for benefits in a week, a claimant must conduct a reasonable search for work unless the work search requirement is waived.(1) The search for work must include at least 4 actions per week that constitute a reasonable search for work as prescribed by department rules.(2)
Here, the claimant's work search requirement has not been waived. In weeks 41 and 42 of 2015, the claimant's work search actions consisted of calling four employers on the telephone and asking if they were hiring. On each occasion, the employer told the claimant it was not hiring.
The issue to be decided is whether the claimant conducted a reasonable search for work in weeks 41 and 42 of 2015.
The department's rules provide that any of the following actions constitute a reasonable work search action by the claimant:(3)
Applying for work with employers who may reasonably be expected to have openings for suitable work, except that applications submitted to the same employer more than once in a 4-week period are not credited as a work search action unless a new job is posted by the employer or available, or the employer's customary practices or circumstances encourage the submission of additional applications or the provisions related to work last performed for a temporary help employer apply.(4)
Making applications for suitable work.
Taking examinations for suitable work in the civil service of a governmental unit.
Registering for suitable work with a public or private placement facility, including a union.
Following the recommendations of a public employment office or similar reemployment services, including participation in reemployment services.
Other actions the department may determine as constituting a reasonable work search action.
The department is required to include in the UCB-10 Handbook for Claimants examples of reasonable work search actions. It has done so by setting forth a nonexclusive list of valid work search actions as follows:(5)
Mandatory JCW Registration
Submitting resume or application to employer
Taking civil service exam(s)
Non-mandatory re-employment services
Registering with placement facility or head hunter
Posting resume on employment website
Meeting with career counselor
Participating in job interview
Participating in weekly professional networking group
Taking WorkKeys exam
The department also sets forth in the handbook what constitutes invalid work search actions:(6)
Viewing job leads (but not applying)
Contacting employer to learn that no openings exist/applications are not being taken
Submitting application to same employer within 4 week period (unless a new job becomes available/posted)
Subsequent/duplicate posting of resumes on job search websites (unless part of application for specific job)
Submitting application for work that is not reasonable considering your training, experience, duration of unemployment, and availability of jobs in your labor market.
Here, the claimant's work search actions were invalid because those actions consisted of "contacting [an] employer to learn that no openings exist/applications are not being taken." The claimant engaged in no other work search actions in the weeks at issue.
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(1)( Back ) Wis. Stat. § 108.04(2)(a)3. and (b).
(2)( Back ) Wis. Stat. § 108.04(2)(a)3. and (b); Wis. Admin. Code § DWD 127.01(1).
(3)( Back ) Wis. Admin. Code § DWD 127.01(2).
(4)( Back ) Wis. Stat. § 108.04(2)(i).
(5)( Back ) UCB-10 Handbook for Claimants, Part 4.
(6)( Back ) Id.