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

Subject: John H. Jones v. LIRC, DWD, Site Staffing Inc., Case No. 19CV138 (Wis. Cir. Ct., Milwaukee Co., July 30, 2019)

Digest Codes:  PC 758 Judicial Review, Weight Post-Tetra Tech, VL 1025 Labor Supplier/Temporary Help Agency

The employee worked for a temporary help agency. His last assignment ended and the employer provided him seven-day assurance of another assignment. At that time, the employee told the employer he would like to remain unavailable indefinitely pending an anticipated surgery. Employer offered employee a subsequent assignment which the employee refused and in doing so severed the employment relationship pursuant to Wis. Admin. Code § 133.02(3). The quitting did not meet exceptions to Wis. Stat. § 108.04(7)(a).

Held: Affirmed LIRC decision. The circuit court found the commission's findings of fact were supported by substantial and credible evidence and that the commission decision should be given due weight respect post Tetra Tech. The court affirmed the commission's conclusion that the employee voluntarily terminated the employment relationship by refusing a subsequent assignment and his quitting was not for any exception permitting payment of unemployment insurance benefits.

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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