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


Subject: K & H Construction Inc. v. Industrial Commission and Severson,  Case No. 124-118 (Wis. Cir. Ct., Dane Co., March 8, 1968)

Digest Codes: SW 845.03

One week after the employer had refused to employ the claimant, a representative of the employer met the claimant in a barroom in the northern part of the state during the deer hunting season.  The employer represetative inquired if the claimant would come back to work for the employer, and he replied that he wanted to  stay up north and take it easy.  The employer did not attempt to communicate with the claimant after returning from the hunting trip.

The commission found that there was no offer of work, and the employer appealed.

Held: Affirmed.  The claimant had no reason to take the supposed offer of work seriously under the circumstances.  It was an exchange of remarks made on a casual meeting, and was merely small talk which no one took seriously at the time and was not a bona fide offer of work.  An offer of work should be at least of such definite character that it requires nothing more than a simple accceptance to form a contract of hire.  An offer should be so definite in its terms or require such definite terms in acceptance, that the promises and performance to be rendered by each party are reasonably certain.


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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