Sanober S. Ayoob Employee
Indus International Inc. Employer
No. 20202032EC
Wisconsin Workers Compensation
State of Wisconsin Labor and Industry Review Commission
September 28, 2020
UNEMPLOYMENT
INSURANCE DECISION1
Michael H. Gillick, Chairperson
The
commission affirms the appeal tribunal decision. Accordingly,
the employee's base period wages shall be limited to a
maximum of ten times the weekly benefit rate based solely on
employment with this employer.
By the
Commission:
David
B. Falstad, Commissioner, Georgia E. Maxwell, Commissioner
Procedural
Posture
This
case is before the commission to consider the
employee’s eligibility for unemployment insurance
benefits. An administrative law judge (ALJ) of the
Unemployment Insurance Division of the Department of
Workforce Development held a hearing and issued a decision.
The commission received a timely petition for review. The
commission has considered the petition and the positions of
the parties, and it has reviewed the evidence submitted at
the hearing.
Findings
of Fact and Conclusions of Law
The
commission makes the same findings of fact and conclusions of
law as stated in the appeal tribunal decision and
incorporates them by reference into the commission’s
decision.
Memorandum
Opinion
The
employee has worked many years as an office clerk for the
employer. The employer is a corporation owned wholly by the
employee's husband.
Wisconsin
Stat. § 108.04(1)(g)2., provides that base period wages
used to compute benefits payable to an employee shall not
exceed 10 times the employee's weekly benefit rate, based
solely on that employment, if the employment is by a
corporation and one-half or more of the ownership interest is
owned by the employee's spouse.
Wisconsin
Stat. § 108.04(1)(gm), provides that the limitation in
(g) does not apply if the employee's employment was
terminated because of the involuntary cessation of the
corporation under one or more of the listed...
