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

SANDRA L WILLIAMS, Employee

U S BANK NATL ASSN, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 02401373AP


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 10 of 2002, if otherwise qualified.

Dated and mailed December 3, 2002
willisa . usd : 105 : 1   MC 630.20

/s/ David B. Falstad, Chairman

James A. Rutkowski, Commissioner

/s/ Laurie R. McCallum, Commissioner


MEMORANDUM OPINION

The employer's representative asserts in the petition for review that the employer discharged the employee for falsification of her employment application and that she therefore should be ineligible for unemployment insurance. The record indicates, however, that the employee's omissions concerned only ordinance violations (as opposed to violations of the state criminal law). The employer's application specifically asked whether the employee had been convicted of a crime or whether charges were currently pending against her for a crime.

In cases like this, it is customary to hold the drafter of the document in question to the wording therein. The employer asked about criminal law violations, so the employee's responses to the questions were not false.

For these reasons, and for those stated in the appeal tribunal decision, the commission has affirmed that decision.


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uploaded 2002/12/13