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

KARMA R KNOSPE, Employee

CABELA'S WHOLESALE INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 04005741MD


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 41 of 2004, if otherwise qualified.

Dated and mailed February 9, 2005
knospka . usd : 145 : 4   MC 690

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner

MEMORANDUM OPINION

In its petition for commission review the employer asserts that the employee's actions in bringing a disk from home and downloading it onto her computer warranted a discharge for misconduct. The employer argues that the employee should have known better. The employer points out that she used a computer on a daily basis, and should have been aware of what a virus is and how it can affect a computer system. The employee may have known what a virus is, but she testified that she was not aware that files brought from an outside computer needed to be scanned for viruses. The employer asserts that the employee's actions were negligent. While the employee's actions demonstrated some negligence on her part, she did not intend to harm the employer's interests. While the employer may have made a valid business decision when it discharged the employee, the commission cannot conclude that the employee's discharge was for misconduct connected with her work.

cc:
Attorney Ellen M. Frantz
Cabela's Wholesale Inc (Prairie du Chien, WI)



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