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

Subject: Evelyn D. Bigsby (Hearing No. 97402259AP) v. LIRC, Department of Workforce Development and International Total Services, Inc., No. 98-CV-384 (Wis. Cir. Ct., Winnebago County, December 4, 1998) Bruce K. Schmidt Circuit Judge (Bench Decision).

Digest Codes: VL 1007

The employe worked as a security guard for several security firms in and out of Wisconsin beginning in 1990. She worked for J. J. Security for about two weeks in 1993. She then left Wisconsin for about a year. She resumed work for J. J. Security when she returned to Wisconsin in October 1994. International Total Services, Inc. purchased the contracts of J. J. Security effective November 30, 1996. In June 1997 all prior employes of J. J. Security were told they were required to complete employment applications for International Total Services. The employe submitted applications that did not include a complete work history, her educational background or a signature on a "rules and regulations" page. After she failed to submit a completed application by a final deadline of July 31, 1997, the employer considered the employe to have quit. She was removed from the schedule.

The commission found that the employe voluntarily terminated employment with the employer and was not eligible for unemployment benefits, pursuant to Wis. Stat. § 108.04(7)(a).

Held: The commission's findings of fact are conclusive on the courts if supported by any credible and substantial evidence. The commission's legal conclusions are entitled to great weight.

The evidence supports the commission's findings that the employe was not discharged, but that she quit. She has not requalified. The commission's findings of fact support its decision that the employe is not eligible for unemployment benefits. Decision sustained.

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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