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

SHAWAINA S RAY, Employee

WAL MART ASSOCIATES INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 01611512MW


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 as of week 48 of 2001, if otherwise qualified.

Dated and mailed August 9, 2002
raysh . usd : 132 : 8  PC 714.06  PC 714.07 

/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 her employment but not for misconduct connected with her work. The employer alleged at the original hearing that the employee failed to disclose a criminal conviction and therefore falsified her job application. The employer presented a printout from the consolidated court automation program to establish that the employee had been convicted of a crime. The ALJ correctly found that the employer's evidence was hearsay. The commission remanded this matter to give the employer the opportunity to present a certified judgment of conviction to establish that the employee had been convicted of a crime. The commission's order specified that a printout from the consolidated court automation program was not sufficient. The employer appeared at the remand hearing and again presented a printout from the consolidated court automation program. The commission's order was sent to both the employer's representative and to the employer's address in Milwaukee. The employer was given two opportunities to establish that the employee falsified an employment application. The employer failed to meet its burden of proof. For these reasons, the commission affirms the appeal tribunal decision.

cc: Wal-Mart Associates - Milwaukee, WI 53212


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uploaded 2002/08/16