STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)

MARK A BROWN, Employee

CHARTER CABLE OPERATING CO LLC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 02001918MD


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 eligible for benefits beginning in week 8 of 2002, if otherwise qualified.

Dated and mailed July 31, 2002
brownma . usd : 132 : 1  MC 618 

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

/s/ Laurie R. McCallum, Commissioner


MEMORANDUM OPINION

The employer has petitioned for commission review of the adverse appeal tribunal decision that found the employee was discharged from his employment but not for misconduct connected with his work. The employer maintains in its petition that the employee was obligated to alert the employer of the loss of his regular license as the employer could be held responsible. The employer did not establish how it could be held responsible for the employee's off-duty conduct. The employee at all times had an occupational license which allowed him to perform his work for the employer. The employee drove his own vehicle and paid for his own insurance. The employer did not establish at the hearing what business interests were being served or protected by such inquiry into the employee's off-duty conduct. For these reasons, and for the reasons set forth in the appeal tribunal decision, the commission affirms that decision.

cc: 
Charter Cable (Madison, Wisconsin)
James Schmidt


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uploaded 2002/08/09