SHAWN M TERRY, Employee

U W MADISON, Employer

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.

DECISION

The decision of the administrative law judge is affirmed.  Accordingly, the employee is ineligible for benefits beginning in week 27 of 2001, and until seven weeks have elapsed since the end of the week of discharge and the employee has earned wages in covered employment performed after the week of discharge equaling at least 14 times the employee's weekly benefit rate which would have been paid had the discharge not occurred.

Dated and mailed May 17, 2002
terrysh . usd : 132 : 9  MC 617  MC 626 

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

/s/ Laurie R. McCallum, Commissioner

MEMORANDUM OPINION

The employee has petitioned for commission review of the adverse appeal tribunal decision that found that he was discharged for misconduct connected with his work for the employer.  The employee maintains in his petition that he did not do anything directly related to his work.  Under the unemployment insurance law, the question is whether the employee's actions were "connected" with his work.  Clearly there was a connection between the employee's failure to adhere to the law and his continued absence from work.  It was foreseeable that the employee's failure to conform his conduct to the confines of the law, while on probation, would lead to his incarceration.  While the nature of the arrest did not affect his suitability for work, it did result in his extended absence from work.  For these reasons, the commission affirms the appeal tribunal decision.

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