Documents 1 to 26 of 26 matching the query "@DocTitle Wis.LIRC UC Decision AND July AND 2007".

1. Wis.LIRC UC Decision: Bell, Jean - July 9, 2007 - MC 687 - Violation of company rule;   MC 691 - Violation of company rule - Money matters - supermarket cashier discharged for giving 'targeted coupons' to customers - not aware her conduct violated employer's policy - fact that employee did not hide her behavior considered, as was fact that discharge of 10 other employees for same thing showed policy was not clear to workers

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2. Wis.LIRC UC Decision: Demulling, Kelly - July 9, 2007 - MC 640.05 - Insubordination, Dispute with superior, MC 640.15 - Insubordination, Vulgar or profane language - employee repeatedly cursing supervisor;  BR 319.4 - Failure to provide correct/complete info during investigation - s. 108.04(13)( g ) - employer did not respond to department request for information, failed to show good cause for its failure

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3. Wis.LIRC UC Decision: Groholski, Chris - July 9, 2007 - MC 626 - Discharge, layoff or quit? - absent employee's continuing failure to contact his manager  so inconsistent with continuing employment relationship as to be a quitting;  PC 734 LIRC review, further hearing - no remand for additional evidence on collateral issue argued to bear on witnesses credibility

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4. Wis.LIRC UC Decision: Huepher, Patricia - July 9, 2007 - BR 315 - Eligibility factors - administrative notice - dept. required to apply disqualifying provisions whether or not employer questions eligibility; PC 713 - Hearing, Issues For Decision- ALJ, finding quit within (7)(e) exception and thus allowing benefits, could have also addressed issue of (7)(b) good cause but was not required to do so

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5. Wis.LIRC UC Decision: O'Brien, Kevin - July 9, 2007 - EE 410 - Employe -  individual performing social work/therapy services for employer which contracts with social work/therapy providers, employee - EE 410.01 - when FEIN acquired; EE 410.02 - filing of 'quarterly estimated self-employment tax return' satisfies; EE 410.03 - services for others should be of same type; EE 410.04a - separate occurrences of accepting patient on referral not separate 'contracts'; EE 410.05 value of labor not a related expense

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6. Wis.LIRC UC Decision: Fulton, Otis - July 11, 2007 - MC 626 - Discharge, layoff or quit?; MC 605.05 - Absence, notice - temp agency employee injured ankle, notified client of inability towork and absence, employer refused further assignments because he did not follow employer's call-in procedure, not shown he was aware of that procedure,   not aware failure to contact employer would end his employment, did not intend to quit; discharge not for misconduct

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7. Wis.LIRC UC Decision: Marcelino - July 9, 2007 - MC 605.01 - Absence -  many of employee's tardies were for only a few minutes, on several he would have been on time if permitted to clock in at different location as was regular practice - 6 tardies in last 6 months, 3 of which were for 2 minutes or less and 2 of which had mitigating circumstances - not misconduct

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8. Wis.LIRC UC Decision: Brenner, Douglas - July 20, 2007 - AA 110 - Due notice to report to work - employer phoned, left voice mail for employee, also sent certified letter - due notice; neither wages, hours, or other conditions of work offered, or circumstances of employee's previous termination by employer, gave good cause to decline the work; PC 729 Hearing, Bias, Fair Hearing - ALJ's "stern" actions in controlling hearing did not evidence bias

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9. Wis.LIRC UC Decision: Cleveland, James - July 20, 2007 - MC 605.091 - Absence, Arrest-Incarceration - employee jailed for non-payment of fine for old driving offense, terminated for absence from work - employee's inability to appear for work not due to circumstances beyond his control - appreciable absence from work for invalid reasons, misconduct

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10. Wis.LIRC UC Decision: Rayford, Tonya - July 20, 2007 - MC 660.01 - Negligence, Unsatisfactory/slow work ; MC 664 - Quality or quantity of work - employee, who coordinated schedules of 2 surgeons, repeated specific errors after counseling, did at times demonstrate ability to satisfactorily perform; and did not establish mitigating factors - employee failed to make serious, consistent effort to improve performance - employee was capable of performing satisfactorily,  continuing failure working to best of ability, misconduct

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11. Wis.LIRC UC Decision: McConnell, Joan - July 20, 2007 - MC 678 - Tardiness; AA 105 - Ability to work - physical condition -  tardiness not willful or intentional disregard of employer's interests - employee's medical condition and/or medication caused her to oversleep, she took steps to overcome the effects of the problem - not misconduct; however, medical evidence establishes employee not able to work

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12. Wis.LIRC UC Decision: Breske, James - July 23, 2007 - VL 1007.01 - Quit vs. Discharge/Layoff;     MC 626 - Discharge, layoff or quit? - truck driver suspended trip because he was feeling ill, returned to terminal as required but was then given no answer when he asked if he was being discharged, and was told to turn in keys - discharge, rather than a quit

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13. Wis.LIRC UC Decision: Hohnstein, Jason - July 20, 2007 - MC 605.01 - Absence; MC 610.08 - Damage to equipment or materials; MC 640.15 - Insubordination, Vulgar or profane language - discharge for attendance, leaving machine - part broken,  swearing at foreman - not misconduct - overall attendance record, particularly during last months of employment, not misconduct; mitigating factors regarding broken part; foreman swore at the employee all the time and frequently used profanity in the workplace

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14. Wis.LIRC UC Decision: Coleman, Terrance - July 23, 2007 - MC 630.20 - Dishonesty; work application, misrepresentation - discharge for alleged dishonesty in pre-employment health questionnaire, about past "trouble" with back or neck, "chronic back problems or back surgery" - employee answered 'no', had previous (disclosed) back injury, hospitalization  - questions vague, no intentional falsification;  PC 715 Hearing, Procedures, Misc. - role of ALJ in questioning, or not questioning, witnesses

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15. Wis.LIRC UC Decision: Taylor, Dennis - July 23, 2007 - PC 718 Withdrawal of request for hearing, Retraction of withdrawal; PC 749 LIRC Review - employee's withdrawal retraction request declined as it was not timely, determination was clear as toeffect on benefit claim, retraction request fails to establish good cause -  employee did not claim any good faith misunderstanding, sought retraction after his unemployment continued longer than expected

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16. Wis.LIRC UC Decision: Kae Development - July 24, 2007 - EE 410 - Independent Contractor or Employe - "multi-factor" test - individual performing services as supervisor and manager of building development projects did so as an employee, not an independent contractor - not a real 'general contractor' situation where all subcontracts were with putative employer, which paid subcontractors directly;  no proof any liability would exist if individual simply 'walked away' from contract, so not 'liable for a failure to satisfactorily complete'

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17. Wis.LIRC UC Decision: Heimerl, Candy - July 24, 2007 - VL 1016 Domestic And Personal Circumstances; VL 1039.01 - Time - Hours of work; generally; VL 1080.26 - Working Conditions - Transfer -  § 108.04(7)(cm) - employee was not hired to work a particular shift, had worked several different shifts for the employer,  was being moved back to shift she had previously worked - change in employee's personal circumstances (loss of child care), not the employer's actions, caused separation

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18. Wis.LIRC UC Decision: Choudoir, Justin - July 30, 2007 - MC 630.14- Dishonesty - Stealing - employer suspected employee but failed to prove theft by clear and convincing evidence, and had no non-hearsay evidence employee came to work intoxicated;  MC 665.08 -Relation of offense to discharge - Acts committed or discovered after discharge - employer had already decided to fire employee before meeting, so information learned in that meeting cannot have been the basis for the discharge

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19. Wis.LIRC UC Decision: Clifton, Douglas - July 30, 2007 - MC 629 - Discharge, layoff or quit - Quitting in anticipation of discharge; VL 1007.15 - Discharge, Layoff or Quit? - Leaving in anticipation of discharge, or before effective date - no evidence employee intended to quit before president told employee that "he should not count on being around at the year end", then when asked did not disabuse employee of the belief he'd be dischareged, did not clarify - discharge, not quit

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20. Wis.LIRC UC Decision: Dassow, Aaron - July 30, 2007 - PC 731 LIRC review, late petition - employee's explanation that he "sent in appeal letter within 21 days of receipt of [ATD]"  inadequate,  operative date for measuring 21-day appeal period is not date of receipt of ATD but instead date the ATD issued by department

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21. Wis.LIRC UC Decision: McCoy, James - July 30, 2007 - VL 1035 - Quit or job refusal - employee declined 6AM-6PM assignment because he misunderstood offer, thought it was 6PM-6AM shift, which he could not work because of child care needs - not within child care exception, since  not actually offered work on a different shift but on the same shift he'd been working; BR 319.4 - Failure to provide correct/complete info during investigation - s. 108.04(13)(g) - employer's employee who dealt with UI, disappeared w/o notice, leaving her work - good cause for employer's failure to provide info to department

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22. Wis.LIRC UC Decision: Reed, Ryan - July 30, 2007 - MC 640.03 - Insubordination, Disobedience - refusal to do instructed work - not misconduct to refuse order by a supervisor directing the employee, who was not "on the clock" or in work status that day, to perform work of the employer's premises, unrelated to the employer's business, and for a non-business purpose personal to the supervisor

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23. Wis.LIRC UC Decision: Rose, Ana - July 30, 2007 - MC 626 - Discharge, layoff or quit?   employee expressed concerns, said if not reassigned she'd quit, showed employer recruitment letter from another firm - while employee may have referenced quitting, she did not actually give notice of quitting - separation a discharge

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24. Wis.LIRC UC Decision: Kirksey, Henry - July 30, 2007 - MC 640.05 - Insubordination, Dispute with superior;  MC 640.06 - Insubordination, Disregard or ridicule of authority; MC 640.15 - Insubordination, Vulgar or profane language - When supervisor met with employee to present written warning for violation of rule against making personal phone calls, employee said it was "bullshit" and walked away - mitigating factors - employee upset about what he perceived as unfair discipline, and was walking away when he made comment - no misconduct

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25. Wis.LIRC UC Decision: Jones, Marty - July 31, 2007 - PC 712.6 - Hearing, Failure to Appear - Other explanations for failure to appear - claimed confusion due to receiving an ATD on another matter, thought subsequent hearing notice was for the same matter -  not reasonable  to ignore hearing notice, should at least contacted Hearing Office - no good cause for non-appearance

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26. Wis.LIRC UC Decision: Clapper, Lynn - July 31, 2007 - VL 1059.206 - Wages - Reduction in - Overtime without compensation - employer claimed it did not want anyone to work overtime and others were available to work the OT hours employee worked at regular time -  but whether employer wanted employee to work the OT hours, the fact is the employee did - non-payment of OT pay for those hours, good cause to quit

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