STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)
JESUS LOPEZ, Employee
WILLOW FOODS INC, Employer
UNEMPLOYMENT INSURANCE DECISION
Hearing No. 00000274BD
An administrative law judge (ALJ) for the Division of Unemployment Insurance of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.
The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission agrees with the decision of the ALJ, and it adopts the findings and conclusion in that decision as its own.
The decision of the administrative law judge is affirmed. Accordingly, the employe is ineligible for benefits beginning in week 44 of 1999, and until seven weeks have elapsed since the end of the week of discharge and the employe has earned wages in covered employment performed after the week of discharge equaling at least 14 times the employe's weekly benefit rate which would have been paid had the discharge not occurred.
Dated and mailed March 23, 2000
lopezje . usd : 132 : 1 MC 670
/s/ David B. Falstad, Chairman
/s/ Pamela I. Anderson, Commissioner
/s/ James A. Rutkowski, Commissioner
The employe has petitioned for commission review of the adverse appeal tribunal decision which found that he was discharged from his employment and for misconduct connected with his work. The employe argues in his petition, as he did at the hearing, that the co-worker provoked him. However, despite the offensive nature of the co-worker's comments, the fact remains that they were simply comments. The employe physically assaulted the co-worker. Further, this is not an instance of a single reflexive blow at a co-worker. The employe actually began chasing the co-worker. Further, as noted by the administrative law judge, the employe indicated he would do the same thing in the future. Therefore, not only had the employe assaulted a co-worker, he essentially informed the employer that he would be willing to do so in the future. The commission must agree with the administrative law judge that the employe's actions demonstrated an intentional and substantial disregard of standards of behavior the employer had a right to expect of the employe rising to the level of misconduct connected with his work.
Legal Action of Wisconsin Inc
Attn Kevin Magee
Appealed to Circuit Court. Affirmed November 7, 2000. [Circuit Court decision summary] Appealed to the Court of Appeals. Affirmed February 21, 2002. [Court of Appeals decision]
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