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

SHIRLEY M PITT, Employee

FAMILY DOLLAR STORES OF WISCONSIN INC NO 882, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 03611759MW


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 47 of 2003, 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 April 22, 2004
pittsh . usd : 150 : 3  PC 749

/s/ David B. Falstad, Chairman

James T. Flynn, Commissioner

/s/ Robert Glaser, Commissioner

MEMORANDUM OPINION


The employee petitioned the appeal tribunal decision primarily on the grounds that a co-worker, who was discharged under similar circumstances, was determined eligible for unemployment insurance benefits. The employee only provided limited information regarding that individual and, as such, the commission is unable to confirm her allegation. However, it appears from her petition that the individual was initially allowed unemployment benefits and, after the employer appealed requesting a hearing, it did not appear for the hearing. Thus, the appeal was dismissed and the initial determination remained in effect. While the employee may feel it is unfair, each determination of eligibility is separate and determined on its own merits, with its own appeal rights. Similarly, the commission's review of the employee's appeal is not based upon the record of her co-worker's case, but on her own record. Roach v. Labor and Industry Review Commission, Schneider National Carriers, Inc., Case No. 01-CV-919 (Wis. Cir. Ct. Washington County June 2, 2002) Annette Ziegler Circuit Court Judge. Specifically, the commission rules provide at Wis. Admin. Code section LIRC 1.04, that review by the commission is on the record of the case including the synopsis or summons of the testimony or other evidence presented at the hearing.

The employee admitted at the hearing that she knew taking money from the petty cash fund was improper. She also admitted completing fraudulent reports to conceal both her, the manager's and the assistant manager's improper use of that money. She intentionally disregarded the employer's policy as it related to petty cash, placing her own interests before the employer's. For these reasons, the commission affirms the appeal tribunal decision that her discharge was for misconduct.


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