108.04(7)(b)
(b) Paragraph (a) does not apply if the department determines that the employe terminated his or her work with good cause attributable to the employing unit. In this paragraph, "good cause" includes, but is not limited to, a request, suggestion or directive by the employing unit that the employe violate federal or Wisconsin law.
108.04(7)(c)
(c) Paragraph (a) does not apply if the department determines that the employe terminated his or her work but had no reasonable alternative because the employe was unable to do his or her work or because of the health of a member of his or her immediate family; but if the department determines that the employe is unable to work or unavailable for work, the employe is ineligible to receive benefits while such inability or unavailability continues.
108.04(7)(d)
(d) Paragraph (a) does not apply if the department determines that the employe terminated his or her work to accept a recall to work for a former employer within 52 weeks after having last worked for such employer.
108.04(7)(e)
(e) Paragraph (a) does not apply if the department determines that the employe accepted work which the employe could have refused with good cause under
sub. (8) and terminated such work with the same good cause and within the first 10 weeks after starting the work, or that the employe accepted work which the employe could have refused under
sub. (9) and terminated such work within the first 10 weeks after starting the work.
108.04(7)(f)
(f) Paragraph (a) does not apply if the department determines that the employe terminated his or her work because the employe was transferred by his or her employing unit to work paying less than two-thirds of his or her immediately preceding wage rate with the employing unit, except that the employe is ineligible to receive benefits for the week of termination and the 4 next following weeks.
108.04(7)(g)
(g) Paragraph (a) does not affect an employe's eligibility to receive benefits if the employe:
108.04(7)(g)1.
1. Maintained a temporary residence near the work terminated; and
108.04(7)(g)2.
2. Maintained a permanent residence in another locality; and
108.04(7)(g)3.
3. Terminated such work and returned to his or her permanent residence because the work available to the employe had been reduced to less than 20 hours per week in at least 2 consecutive weeks.
108.04(7)(h)
(h) The department shall charge to the fund's balancing account benefits paid to an employe that are otherwise chargeable to the account of an employer that is subject to the contribution requirements of
ss. 108.17 and
108.18 if the employe voluntarily terminates employment with that employer and
par. (a),
(c),
(d),
(e),
(k),
(L),
(o),
(p) or
(q) applies.
108.04(7)(i)
(i) Paragraph (a) does not apply if the department determines that the employe terminated his or her work because the employer made work, compensation, promotion or job assignments contingent upon the employe's consent to sexual contact or sexual intercourse as defined in
s. 940.225 (5).
108.04(7)(j)
(j) Paragraph (a) does not apply if the department determines that the employe left or lost his or her work because of reaching the compulsory retirement age used by the employe's employing unit.
108.04(7)(k)
(k) Paragraph (a) does not apply to an employe who terminates his or her part-time work consisting of not more than 30 hours per week if the employe is otherwise eligible to receive benefits because of the loss of the employe's full-time employment and the loss of the full-time employment makes it economically unfeasible for the employe to continue the part-time work.
108.04(7)(L)
(L) Paragraph (a) does not apply if the department determines that the employe terminated work to accept employment or other work covered by the unemployment compensation law of any state or the federal government, and earned wages in the subsequent work equal to at least 4 times the employe's weekly benefit rate under
s. 108.05 (1) if the work:
108.04(7)(L)1.
1. Offered average weekly wages at least equal to the average weekly wages that the employe earned in the terminated work;
108.04(7)(L)2.
2. Offered the same or a greater number of hours of work than those performed in the work terminated;
108.04(7)(L)3.
3. Offered the opportunity for significantly longer term work; or
108.04(7)(L)4.
4. Offered the opportunity to accept a position for which the duties were primarily discharged at a location significantly closer to the employe's domicile than the location of the terminated work.
108.04(7)(m)
(m) Paragraph (a) does not apply to an employe who terminates his or her work with a labor organization if the termination causes the employe to lose seniority rights granted under a collective bargaining agreement and if the termination results in the loss of the employe's employment with the employer which is a party to that collective bargaining agreement.
108.04(7)(n)1.
1. Terminated work in a position serving as a part-time elected or appointed member of a governmental body or representative of employes;
108.04(7)(n)2.
2. Was engaged in work for an employing unit other than the employing unit in which the employe served under
subd. 1. at the time that the employe terminated work under
subd. 1.; and
108.04(7)(n)3.
3. Was paid wages in the terminated work constituting not more than 5% of the employe's base period wages for purposes of benefit entitlement.
108.04(7)(o)
(o) Paragraph (a) does not apply to an employe who terminates his or her work in one of 2 or more concurrently held positions, at least one of which consists of more than 30 hours per week, if the employe terminates his or her work before receiving notice of termination from a position which consists of more than 30 hours per week.
108.04(7)(p)
(p) Paragraph (a) does not apply if the department determines that an employe, while claiming benefits for partial unemployment, terminated work to accept employment or other work covered by the unemployment compensation law of any state or the federal government, if that work offered an average weekly wage greater than the average weekly wage earned in the work terminated.
108.04(7)(q)
(q) Paragraph (a) does not apply if the department determines that an employe, while serving as a member of the U.S. armed forces, was engaged concurrently in other work and terminated that work as a result of the employe's honorable discharge or discharge under honorable conditions from active duty as a member of the U.S. armed forces for a reason that would qualify the employe to receive unemployment compensation under
5 USC 8521.
108.04(7)(r)
(r) Paragraph (a) does not apply if the department determines that the employe owns or controls, directly or indirectly, an ownership interest, however designated or evidenced, in a family corporation and the employe's employment was terminated by the employer because of an involuntary cessation of the business of the corporation under one or more of the conditions specified in
sub. (1) (gm). In this paragraph, "family corporation" has the meaning given in
s. 108.02 (15m) and also includes a corporation in which 50% or more of the ownership interest is or was owned or controlled, directly or indirectly, by one or more brothers or sisters of a claimant, or by a combination of one or more brothers or sisters and one or more of the persons specified in
s. 108.02 (15m) (a).
108.04(7m)
(7m) Voluntary reduction in hours of employment. An employe whose employer grants the employe's voluntary request to reduce indefinitely the number of hours of employment usually worked by the employe voluntarily terminates his or her employment within the meaning of
sub. (7). The wages earned by the employe from that employer for any week in which the reduction requested by the employe is in effect may not be used to meet the requalification requirement provided in
sub. (7) (a) applicable to that termination if the employer has notified the employe in writing, prior to the time that the request is granted, of the effect of this subsection. The department shall charge to the fund's balancing account benefits paid to such an employe that are otherwise chargeable to the account of an employer that grants an employe's request under this subsection, for each week in which this subsection applies, if the employer is subject to the contribution requirements of
ss. 108.17 and
108.18.
108.04(8)(a)(a) If an employe fails, without good cause, to accept suitable work when offered, the employe is ineligible to receive benefits until 4 weeks have elapsed since the end of the week in which the failure occurs and the employe earns wages after the week in which the failure occurs equal to at least 4 times the employe's weekly benefit rate under
s. 108.05 (1) in employment or other work covered by the unemployment compensation law of any state or the federal government. For purposes of requalification, the employe's weekly benefit rate shall be that rate which would have been paid had the failure not occurred. This paragraph does not preclude an employe from establishing a benefit year during a period in which the employe is ineligible to receive benefits under this paragraph if the employe qualifies to establish a benefit year under
s. 108.06 (2) (a). The department shall charge to the fund's balancing account any benefits otherwise chargeable to the account of an employer that is subject to the contribution requirements under
ss. 108.17 and
108.18 whenever an employe of that employer fails, without good cause, to accept suitable work offered by that employer.
108.04(8)(c)
(c) If an employe fails, without good cause, to return to work with a former employer that recalls the employe within 52 weeks after the employe last worked for that employer, the employe is ineligible to receive benefits until 4 weeks have elapsed since the end of the week in which the failure occurs and the employe earns wages after the week in which the failure occurs equal to at least 4 times the employe's weekly benefit rate under
s. 108.05 (1) in employment or other work covered by the unemployment compensation law of any state or the federal government. For purposes of requalification, the employe's weekly benefit rate shall be that rate which would have been paid had the failure not occurred. This paragraph does not preclude an employe from establishing a benefit year during a period in which the employe is ineligible to receive benefits under this paragraph if the employe qualifies to establish a benefit year under
s. 108.06 (2) (a). If an employe receives actual notice of a recall to work,
par. (a) applies in lieu of this paragraph.
108.04(8)(d)
(d) An employe shall have good cause under
par. (a) or
(c) if the department determines that the failure related to work at a lower grade of skill or significantly lower rate of pay than applied to the employe on one or more recent jobs, and that the employe had not yet had a reasonable opportunity, in view of labor market conditions and the employe's degree of skill, but not to exceed 6 weeks after the employe became unemployed, to seek a new job substantially in line with the employe's prior job skill and rate of pay.
108.04(8)(e)
(e) If the department determines that a failure under this subsection has occurred with good cause, but that the employe is unable to work or unavailable for work, the employe shall be ineligible for the week in which such failure occurred and while such inability or unavailability continues.
108.04(8)(f)
(f) This subsection does not apply to an individual claiming extended benefits if the individual fails to provide sufficient evidence that his or her prospects for obtaining work in his or her customary occupation within a period of time not exceeding 4 weeks, beginning with the first week of eligibility for extended benefits, are good.
108.04(9)
(9) Protection of labor standards. Benefits shall not be denied under this chapter to any otherwise eligible individual for refusing to accept new work under any of the following conditions:
108.04(9)(a)
(a) If the position offered is vacant due directly to a strike, lockout or other labor dispute;
108.04(9)(b)
(b) If the wages, hours (including arrangement and number) or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality;
108.04(9)(c)
(c) If as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.
108.04(10)(a)(a) An employe who has left or partially or totally lost his or her work with an employing unit because of a strike or other bona fide labor dispute, other than a lockout, is not eligible to receive benefits based on wages paid for employment prior to commencement of the dispute for any week in which the dispute is in active progress in the establishment in which the employe is or was employed, except as provided in
par. (b).
108.04(10)(b)
(b) An employe who did not establish a benefit year prior to commencement of a strike or other bona fide labor dispute, other than a lockout, may establish a benefit year after commencement of the dispute if the employe qualifies to establish a benefit year under
s. 108.06 (2) (a), but the wages paid to the employe for employment prior to commencement of the dispute shall be excluded from the employe's base period wages under
sub. (4) (a) and
ss. 108.05 (1) and
108.06 (1) for any week in which the dispute is in active progress in the establishment in which the employe is or was employed.
108.04(10)(c)
(c) For purposes of this subsection, if the active progress of a strike or other bona fide labor dispute ends on a Sunday, it is not in "active progress" in the calendar week beginning on that Sunday as to any employe who did not normally work on Sundays in the establishment in which the labor dispute occurs.
108.04(10)(d)
(d) In this subsection, "lockout" means the barring of one or more employes from their employment in an establishment by an employer as a part of a labor dispute, which is not directly subsequent to a strike or other job action of a labor union or group of employes of the employer, or which continues or occurs after the termination of a strike or other job action of a labor union or group of employes of the employer.
108.04(11)(a)(a) If a claimant, in filing his or her application for benefits or claim for any week, conceals any part of his or her wages earned in or paid or payable for that week, or conceals his or her refusal within that week of a job offer or any other material fact relating to his or her eligibility for benefits, so much of any benefit payment as was paid because of such concealment shall be recovered by the department as an overpayment.
108.04(11)(b)
(b) The department shall also require any claimant to forfeit for an act of concealment the following amount of benefits:
108.04(11)(b)1.
1. Not less than 25% of nor more than 4 times the claimant's benefit rate under
s. 108.05 (1) for the week for which the claim is made for any single act of concealment which results in no overpayment or in an overpayment of less than 50% of that benefit rate; or
108.04(11)(b)2.
2. Not less than one nor more than 4 times the claimant's benefit rate under
s. 108.05 (1) for the week for which the claim is made for any single act of concealment which results in an overpayment of 50% or more of that benefit rate.
108.04(11)(bm)
(bm) The forfeiture established under
par. (b) may be applied against benefits which would otherwise become payable to the claimant for weeks of unemployment occurring after the week of concealment and within 6 years after the date of an initial determination issued under
s. 108.09 finding that a concealment occurred. If no benefit rate applies to the week for which the claim is made, the department shall use the claimant's benefit rate for the claimant's next benefit year beginning after the week of concealment to determine the forfeiture amount. If the benefits forfeited would otherwise be chargeable to an employer's account, the department shall charge the amount of benefits forfeited to the employer's account and shall credit the fund's balancing account for that amount. Any forfeiture amount of less than $1 shall be rounded up to the nearest whole dollar.
108.04(11)(c)
(c) Any employing unit that aids and abets a claimant in committing an act of concealment described in
par. (a) may, by a determination issued under
s. 108.10, be required, as to each act of concealment the employing unit aids and abets, to forfeit an amount equal to the amount of the benefits the claimant improperly received as a result of the concealment. The amount forfeited shall be credited to the administrative account.
108.04(11)(d)
(d) In addition to other remedies, the department may, by civil action, recover any benefits obtained by means of any false statement or representation.
108.04(11)(e)
(e) This subsection may be applied even when other provisions, including penalty provisions, of this chapter are applied.
108.04(12)(b)(b) Any individual who receives, through the department, any other type of unemployment benefit or allowance for a given week is ineligible for benefits for that same week under this chapter, except as specifically required for conformity with the federal trade act of 1974 (
P.L. 93-618).
108.04(12)(c)
(c) Any individual who receives unemployment compensation for a given week under any federal law through any federal agency shall be ineligible for benefits paid or payable for that same week under this chapter.
108.04(12)(d)
(d) Any individual who receives unemployment compensation for a given week under the law of any other state (with no use of benefit credits earned under this chapter) shall be ineligible for benefits paid or payable for that same week under this chapter.
108.04(12)(e)
(e) Any individual who receives a temporary total disability payment for a whole week under
ch. 102 or under any federal law which provides for payments on account of a work-related injury or illness analogous to those provided under
ch. 102 shall be ineligible for benefits paid or payable for that same week under this chapter unless otherwise provided by federal law. A temporary total disability payment or a temporary partial disability payment under those provisions received by an individual for part of a week shall be treated as wages for purposes of eligibility for benefits for partial unemployment under
s. 108.05 (3).
108.04(13)(a)(a) The department shall apply any provision of this chapter which may disqualify a claimant from receiving benefits whether or not the claimant's employing unit questions the claimant's eligibility or files the report required under
s. 108.09 (1).
108.04(13)(b)
(b) If an employer fails to file the required wage report under
s. 108.205 for an employe who has claimed benefits from the employer's account, the department may compute and proceed to pay the benefits thus claimed, based on the claimant's statements and any other information then available.
108.04(13)(c)
(c) If an employer, after notice of a benefit claim, fails to file an objection to the claim under
s. 108.09 (1), any benefits allowable under any resulting benefit computation shall, unless the department applies a provision of this chapter to disqualify the claimant, be promptly paid. Except as otherwise provided in this paragraph, any eligibility question in objection to the claim raised by the employer after benefit payments to the claimant are commenced does not affect benefits paid prior to the end of the week in which a determination is issued as to the eligibility question unless the benefits are erroneously paid without fault on the part of the employer. If benefits are erroneously paid because the employer and the employe are at fault, the department shall charge the employer for the benefits and proceed to create an overpayment under
s. 108.22 (8) (a). If benefits are erroneously paid without fault on the part of the employer, regardless of whether the employe is at fault, the department shall charge the benefits as provided in
par. (d), unless
par. (e) applies, and proceed to create an overpayment under
s. 108.22 (8) (a). If benefits are erroneously paid because an employer is at fault and the department recovers the benefits erroneously paid under
s. 108.22 (8), the recovery does not affect benefit charges made under this paragraph.
108.04(13)(d)
(d) If the department finds that any benefits charged to an employer's account have been erroneously paid to an employe without fault by the employer, the department shall notify the employe and the employer of the erroneous payment. If recovery of an overpayment is permitted under
s. 108.22 (8) (c) and benefits are currently payable to the employe from the employer's account, the department may correct the error by adjusting the benefits accordingly. To correct any erroneous payment not so adjusted, whenever recovery of an overpayment is permitted under
s. 108.22 (8) (c), the department shall restore the proper amount to the employer's account and charge that amount to the fund's balancing account, and shall thereafter reimburse the balancing account by crediting to it benefits which would otherwise be payable to, or cash recovered from, the employe, unless the employer is a government unit or nonprofit organization which has elected reimbursement financing. To correct any erroneous payment not so adjusted from the account of an employer which is a government unit or a nonprofit organization and which has elected reimbursement financing, whenever recovery of an overpayment is permitted under
s. 108.22 (8) (c), the department shall credit to the account benefits which would otherwise be payable to, or cash received from, the employe.
108.04(13)(e)
(e) If the department erroneously pays benefits from one employer's account and a 2nd employer is at fault, the department shall credit the benefits paid to the first employer's account and charge the benefits paid to the 2nd employer's account. Filing of a tardy or corrected report or objection does not affect the 2nd employer's liability for benefits paid prior to the end of the week in which the department makes a recomputation of the benefits allowable or prior to the end of the week in which the department issues a determination concerning any eligibility question raised by the report or by the 2nd employer. If the department recovers the benefits erroneously paid under
s. 108.22 (8), the recovery does not affect benefit charges made under this paragraph.
108.04(13)(f)
(f) If benefits are erroneously paid because the employer fails to file a report required by this chapter, fails to provide correct and complete information on the report, fails to object to the benefit claim under
s. 108.09 (1) or aids and abets the claimant in an act of concealment as provided in
sub. (11), the employer is at fault. If benefits are erroneously paid because an employe commits an act of concealment as provided in
sub. (11) or fails to provide correct and complete information to the department, the employe is at fault.
108.04(14)
(14) War-time application of subsection (7) or (8). If the department finds that the official war-time manpower policies of the United States are or may be materially hampered, in any clearly definable class of cases, by any application of
sub. (7) or
(8), so as to interfere with the effective war-time use of civilian manpower in Wisconsin, the department may by general rule, after public hearing, modify or suspend such application accordingly.
108.04(16)(a)(a) Benefits shall not be reduced under
sub. (1) (a), or denied under
sub. (2) or
(8) or
s. 108.141 (3g) to any otherwise eligible individual for any week because the individual is enrolled in a full-time course of vocational training or basic education which is a prerequisite to such training, provided it is determined that:
108.04(16)(a)1.
1. The individual possesses aptitudes or skills which can be usefully supplemented by training; and
108.04(16)(a)2.
2. The course is expected to increase the individual's opportunities to obtain employment, does not grant substantial credit leading to a bachelor's or higher degree, and is given by a school established under
s. 38.02 or other training institution approved by the department; and
108.04(16)(a)3.
3. The individual can reasonably be expected to complete the training course successfully, and to find and accept work; and
108.04(16)(a)4.
4. The individual attended the training course full time during the given training week or had good cause for failing to do so, and is making satisfactory progress in the course. The department may require the training institution to file a certification showing the individual's attendance and progress.
108.04(16)(b)
(b) The requalifying employment requirement under
subs. (7) and
(8) and the general qualifying requirements under
sub. (2) do not apply to an individual as a result of the individual's enrollment in training or leaving unsuitable work to enter or continue training under
19 USC 2296.
108.04(16)(c)
(c) Benefits may not be denied to an otherwise eligible individual under
par. (a) who is enrolled in a program under the plan of any state for training for dislocated workers under
29 USC 1661, notwithstanding the failure of such training to meet any of the requirements of
par. (a) 1. to
4.
108.04(17)(a)(a) A school year employe of an educational institution who performs services in an instructional, research or principal administrative capacity is ineligible for benefits based on such services for any week of unemployment which occurs:
108.04(17)(a)1.
1. During the period between 2 successive academic years or terms, if the school year employe performed such services for an educational institution in the first such year or term and if there is reasonable assurance that he or she will perform such services for an educational institution in the 2nd such year or term; or.
108.04(17)(a)2.
2. During the period between 2 regular but not successive academic terms, when an agreement between an employer and a school year employe provides for such a period, if the school year employe performed such services for an educational institution in the first such term and if there is reasonable assurance that he or she will perform such services for an educational institution in the 2nd such term.
108.04(17)(b)
(b) A school year employe of a government unit or nonprofit organization which provides services to or on behalf of an educational institution who performs services in an instructional, research or principal administrative capacity is ineligible for benefits based on such services for any week of unemployment which occurs:
108.04(17)(b)1.
1. During the period between 2 successive academic years or terms, if the school year employe performed such services for such a government unit or nonprofit organization in the first such year or term and if there is reasonable assurance that he or she will perform such services for such a government unit or nonprofit organization in the 2nd such year or term; or
108.04(17)(b)2.
2. During the period between 2 regular but not successive academic terms, when an agreement between an employer and a school year employe provides for such a period, if the school year employe performed such services for such a government unit or nonprofit organization in the first such term and if there is reasonable assurance that he or she will perform such services for such a government unit or nonprofit organization in the 2nd such term.
108.04(17)(c)
(c) A school year employe of an educational service agency who performs services in an instructional, research or principal administrative capacity, and who provides such services in an educational institution or to or on behalf of an educational institution, is ineligible for benefits based on such services for any week of unemployment which occurs:
108.04(17)(c)1.
1. During the period between 2 successive academic years or terms, if the school year employe performed such services for an educational service agency in the first such year or term and if there is reasonable assurance that he or she will perform such services for an educational service agency in the 2nd such year or term; or
108.04(17)(c)2.
2. During the period between 2 regular but not successive academic terms, when an agreement between an employer and a school year employe provides for such a period, if the school year employe performed such services for an educational service agency in the first such term and if there is reasonable assurance that he or she will perform such services for an educational service agency in the 2nd such term.
108.04(17)(d)
(d) A school year employe of an educational institution who performs services other than in an instructional, research or principal administrative capacity is ineligible for benefits based on such services for any week of unemployment which occurs during a period between 2 successive academic years or terms if the school year employe performed such services for an educational institution in the first such year or term and there is reasonable assurance that he or she will perform such services for an educational institution in the 2nd such year or term.
108.04(17)(e)
(e) A school year employe of a government unit or nonprofit organization which provides services to or on behalf of an educational institution who performs services other than in an instructional, research or principal administrative capacity is ineligible for benefits based on such services for any week of unemployment which occurs during a period between 2 successive academic years or terms if the school year employe performed such services for such a government unit or nonprofit organization in the first such year or term and there is reasonable assurance that he or she will perform such services for such a government unit or nonprofit organization in the 2nd such year or term.
108.04(17)(f)
(f) A school year employe of an educational service agency who performs services other than in an instructional, research or principal administrative capacity, and who provides such services in an educational institution or to or on behalf of an educational institution, is ineligible for benefits based on such services for any week of unemployment which occurs during a period between 2 successive academic years or terms if the school year employe performed such services for an educational service agency in the first such year or term and there is reasonable assurance that he or she will perform such services for an educational service agency in the 2nd such year or term.
108.04(17)(g)
(g) A school year employe of an educational institution who performs services as described in
par. (a) or
(d) is ineligible for benefits based on such services for any week of unemployment which occurs during an established and customary vacation period or holiday recess if the school year employe performed such services for an educational institution in the period immediately before the vacation period or holiday recess, and there is reasonable assurance that he or she will perform the services described in
par. (a) or
(d) for an educational institution in the period immediately following the vacation period or holiday recess.
108.04(17)(h)
(h) A school year employe of a government unit or nonprofit organization which provides services to or on behalf of an educational institution who performs the services described in
par. (b) or
(e) is ineligible for benefits based on such services for any week of unemployment which occurs during an established and customary vacation period or holiday recess if the school year employe performed such services for such a government unit or nonprofit organization in the period immediately before the vacation period or holiday recess, and there is reasonable assurance that the school year employe will perform the services described in
par. (b) or
(e) for such a government unit or nonprofit organization in the period immediately following the vacation period or holiday recess.
108.04(17)(i)
(i) A school year employe of an educational service agency who performs the services described in
par. (c) or
(f), and who provides such services in an educational institution or to or on behalf of an educational institution, is ineligible for benefits based on such services for any week of unemployment which occurs during an established and customary vacation period or holiday recess if the school year employe performed such services for an educational service agency in the period immediately before the vacation period or holiday recess, and there is reasonable assurance that the school year employe will perform the services described in
par. (c) or
(f) for an educational service agency in the period immediately following the vacation period or holiday recess.
