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

RICHARD R LOCHNER, Employee

SAINT-GOBAIN PERFORMANCE PLASTICS CORP, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 02001948BO


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 7 of 2002, 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 August 7, 2002
lochnri . usd : 132 : 8  MC 668  MC 673  PC 714.10

/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 the employee was discharged for misconduct connected with his work for the employer. After reviewing the record the commission agrees with the administrative law judge's Findings and Fact and Conclusions of Law. The employee clearly acted inappropriately by challenging co-workers and calling co-workers unflattering and what are generally perceived as pejorative terms. Notwithstanding whether the employee's conduct and comments violated any particular employer policy or rule, the employee's conduct and comments were a violation of the standards of behavior the employer had a right to expect of the employee.

The employee maintains in his petition that his behavior was non-intentional and that it could be attributed to severe depression. However, it is not enough to allege a potential relationship between a psychological condition and conduct. The employee must establish through medical evidence that his psychological condition caused the behavior that led to his discharge. See Lindberger v. LIRC, No. 00-CV-1798 (Wis. Cir. Ct. Dane County Mar. 29, 2001). The employee did not present such evidence at the hearing.

For the above reasons, and for the reasons set forth in the appeal tribunal decision, the commission affirms that decision.

cc: 
Paul F. X. Schwartz
Saint-Gobain Performance


Appealed to Circuit Court.  Affirmed April 2, 2003.  Appealed to the Court of Appeals. Affirmed November 26, 2003 (unpublished summary disposition).

[ Search UC Decisions ] - [ UC Digest - Main Index ] - [ UC Legal Resources ] - [ LIRC Home Page ]


uploaded 2002/08/16