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

Subject: Johnny C. Eskew v. LIRC and Kamstra Entreprises, Inc, Case 02 CV 0520 (Wis. Cir. Ct., Walworth Co., November 18, 2002)

Digest Codes: VL 1001   BR 330

The employee worked approximately 2 years, part-time, as a food preparer for a fast food restaurant. The employee argues that he never agreed to work additional hours or on weekends or Friday nights. The employee, however, in the past had worked an occasional Friday night. The employer informed the employee he was expected to work Friday nights when scheduled or face termination. The employee failed to report to work on a scheduled Friday night despite the warning. The commission found that the employee voluntarily terminated employment, with no exceptions to the quit disqualification.

Employee alleges confusion as to whether he was discharged or whether he quit. Consequently, the employee failed to accurately answer relevant questions (refuse work offered, miss scheduled work, quit a job) during the claiming procedure. Despite this confusion, the employee failed to seek any clarification before answering the questions. Commission found concealment of material facts relating to his benefit eligibility.

Held: The court affirmed the commission decisions finding quit-no exceptions and concealment. The court concluded that credible and substantial evidence supported the commission decisions.

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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