Monday, August 16, 2010

Wisconsin Court of Appeals Upholds LIRC's Decision that Employee Engaged in Misconduct

In somewhat of a rare appearance of an unemployment compensation case before the Wisconsin Court of Appeals, LIRC's upholding of an ALJ's decision finding that a complainant engaged in "misconduct" connected to their employment was upheld. The case is curious because the complainant requested an abrupt day off of work because she needed to take her daughter to the hospital because she was sick. No mention of the complainant requesting FMLA leave was mentioned (perhaps she simply wasn't eligible?) and the Court of Appeals ultimately upheld the finding of "misconduct" because the complainant, who was employed by a staffing agency, Site Staffing, admittedly contacted the client in direct violation of the employer's rules and interests.

The case is Hartfield v. L.I.R.C., Docket: 2009AP002160 08-10-10

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