Wisconsin Labor and Industry Review Commission --
Summary of Wisconsin Court Decision relating to Unemployment Insurance

Subject: Patin Foods, Inc. d/b/a Hartford Sentry Foods v. Labor and Industry Review Commission and Lloyd J. Olson (Hrg. No. 96606599WK) , Case 97-CV- 99 (Wis. Cir. Ct., Washington Co., March 27, 1998)

Digest Codes:  VL 1007.05     MC 658

Employe, a meatcutter, left his work station after receiving emotionally upsetting news from his home, feeling that his upset condition made it unsafe for him to try to do his job, which required careful work with sharp knives. Before he left he tried to find a supervisor to inform him that he was leaving, and when he could not find him, he left a message with a leadworker. The employer contended that the employe quit, but the Appeal Tribunal held and the commission agreed that he did not intend to quit and that was terminated when he was subsequently told that his leaving was being treated as a quit. The Appeal Tribunal also held and the commission agreed, that the termination was not for misconduct. On appeal, the employer argued that the employe quit and that, in the alternative, if he was discharged the discharge was for misconduct. The employer submitted affidavits as to the facts and copies of documents not received into the record at the hearing.

Held: Affirmed. The court cannot accept any documents for consideration which were not before the agency, and particularly cannot consider affidavits of counsel. The employer's argument rests on disagreeing with the facts found but those findings were supported by evidence in the record. Contrary to the employer, the employe's intent in leaving the premises was relevant to the question of whether there was a voluntary termination. The findings of fact support the conclusions of law including the conclusion that there was no misconduct.

Please note that this is a summary prepared by staff of the commission, not a verbatim reproduction of the court decision.

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