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

Subject: Lemonte Hudson vs. LIRC and Venator Group Corp. Services, Inc., Case No. 01 CV 010051 (Wis. Cir. Ct., Milwaukee County, April 17, 2002)

Digest Codes: VL 1007.20

Digest Summary: Hudson began working for the employer, a retailer of athletic shoes, in September 1994. His last position was as a store manager. On April 24, 2001, a district manager gave Hudson an evaluation and directions to go forward. By telephone on April 27, 2001 the district manager asked Hudson how he was coming with the directives. In response Hudson screamed into the phone, told the district manager to come and get his keys and said he was "out of here." Hudson subsequently calmed down and said he was accomplishing the directives.

On May 2, 2001, the district manager visited the store, noticed that some of the directives had not been completed and asked Hudson why they weren’t done. Hudson took his store keys off his belt, slapped them in the manager’s hand, said "I’m out of here" and turned around and walked away. Hudson then turned back and said he wanted to work part time. The manager told Hudson that he had quit and that he should leave the store. Hudson denied the manager’s version of the events. The commission found that Hudson had voluntarily terminated his employment and was not eligible for unemployment benefits.

Held: The record reflects that Hudson told the manager that he was "out of here" and handed him his keys. The record supports the conclusion that Hudson terminated his employment. While the testimony is in conflict, the court is not to weigh the credibility of the evidence. At some point Hudson gave the manager his keys which signaled his intent to quit. There is a rational basis for the commission’s conclusions of law and none of the statutory grounds exist to reverse the commission. 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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