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

MICHAELEEN J SCHROEDER, Employee

WOOD COUNTY HEAD START INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 04002823WR


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 17 of 2004, 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 November 16, 2004
schromi . usd : 150 : 1   MC 660.01

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner

MEMORANDUM OPINION

The petitioner contends that the employee's discharge was not for misconduct connected with her employment and requests reversal of the appeal tribunal decision. The commission has reviewed the record in this matter and while the commission agrees that the employee did not set out to leave the four year old child unattended, it finds that her actions in doing so were sufficiently negligent as to constitute misconduct. Specifically, with single incidents of negligence,

when the direct consequences of an act or omission are fairly obvious to an applicant, and are such as to be likely to cause serious loss to the employer, his business or his property, a finding of misconduct is not unreasonable. Boynton Cab v. Neubeck & Ind. Comm., 237 Wis. 249, 261, 296 N.W. 636 (1941).

The employee's decision to leave the four year old child unattended outside near a street and construction area while the employee traveled a substantial distance out of sight from the child created a real possibility of harm or injury to the child. In reaching this decision to affirm the misconduct finding, the commission, like the administrative law judge, did not credit the employee's post investigation assertion that she left the child alone because she believed she was suffering a stroke.

For these reasons, as well as those cited by the administrative law judge, the appeal tribunal decision is affirmed.

cc:
Attorney Guy Robert Detlefsen, Jr.
Attorney Michael J. Modl



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


uploaded 2004/11/22