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

Subject: Rick Jackson  v. Gary Anderson Trucking and LIRC, Case No. 01CV001342 (Wis. Cir. Ct., Rock Co., July 16, 2002)

Digest Codes: VL 1007.20 - Discharge, Layoff or Quit? - Resignation submitted or intended

The employee worked for about eight months as an over-the-road truck driver for the employer, a trucking business. His last day of work was April 5 or 6, 2001. On March 21, 2001, he gave the employer a two-week notice that he was accepting another job with another employer and that his last day would be April 6, 2001. On March 26, 2001, he told the employer he had decided to stay. However, relying on the earlier notice, the employer had already hired a replacement. The employer did agree to provide the employee with a load, if available, in late April to allow him to meet a traffic court date in Ohio. On April 23, 2001, the employer told him to report for a load to be delivered on April 25 to Ohio. However, the assignment cancelled out on April 24, 2001, and the employer advised the employee of this fact as soon as it could reach him. 

The appeal tribunal and the commission both found that the employment ended effective with the date the employee gave notice that he was leaving. The employer's attempt to accommodate the employee with a single load in April did not constitute a rehiring. The employee asserted on appeal that he had not given the employer definite notice of quitting, but had only indicated that he was “thinking about” taking another job. He also asserted that the ALJ treated him with hostility and did not allow him to present all of his evidence. 

Held: The commission's finding of a quit is affirmed. Credible evidence supports the commission's finding that the employee gave definite notice of quitting, and that there was no rehiring. Review of the transcript indicates that the ALJ treated the employee with courtesy and allowed him to fully present his evidence. 

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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