BERRY v. LIRC

No. 97-0260.

213 Wis.2d 397 (1997)

570 N.W.2d 610

Ronald BERRY, John H. Boutin, Barbara J. Cram, Roger B. Demaske, Garnet L. Felts, Kay K. Fox, Geraldine A. Frei, John J. Gregar, James F. McMahan, Sherill L. Murphy, Steven R. Olson, Betty A. Preuss, Kenneth D. Randall, Steven J. Sawa, Lila M. Sommerfeldt, John R. Southworth, Darleen J. Ulrich, Jerome S. Weiner, James A. Wheeler, Plaintiffs-Appellants, v. LABOR AND INDUSTRY REVIEW COMMISSION, Department of Military Affairs, the Adjutant General, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided September 18, 1997.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the brief of Ross A. Seymour of Davis, Birnbaum, Marcou, Seymour & Colgan of La Crosse.

On behalf of the defendants-respondents, the cause was submitted on the brief of William W. Cassel of Madison.

Before Eich, C.J., Dykman, P.J., Deininger, J.


DEININGER, J.

Ronald Berry and eighteen other claimants appeal a judgment which affirmed the decision of the Labor and Industry Review Commission (LIRC) to deny them unemployment compensation benefits. Claimants terminated their employment in return for early retirement and voluntary separation incentives offered by their employer. They claim, however, that they are entitled to benefits under an exception for employees who quit or accept a layoff in lieu of the "suspension...

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