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


HENRY L BROWN, Employe

JEWEL FOOD STORE, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 98605057MW


On June 16, 1998, the Department of Workforce Development issued an initial determination in the above-captioned matter which held that in week 21 of 1998 the employe was suspended, but not for good cause connected with his work. As a result, benefits were allowed. The employer filed a timely appeal and a hearing was held before an appeal tribunal. On August 5, 1998, the appeal tribunal issued a decision which reversed the initial determination to find that the employe was suspended for good cause connected with his work. As a result, benefits were denied. The employe filed a timely petition for commission review of the appeal tribunal decision.

Based on the applicable law, records and evidence in this case, the commission makes the following:

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The employe worked for the employer, a grocery store, for about three months as a "floor coverage person." His last day of work was May 22, 1998 (week 21), at which point his employment was suspended. He was discharged on June 11, 1998 (week 24).

One of the employe's job duties was to deposit cash from the store registers into a cash depository in the employer's "count down room." On May 22 an envelope was found in the depository which did not bear the required signatures and which contained $500 less than it should have. The employer suspected that the employe was responsible for the shortage. It immediately commenced an investigation and suspended the employe's employment.

The issue presented in this case is whether the employe was suspended as a disciplinary action for good cause connected with his work.

The employer indicated that it suspended the employe pending an investigation, and not as a disciplinary action. Although the employer later discharged the employe as a result of its investigation, this does not alter the fact that the suspension was issued solely for investigatory purposes.

The commission, therefore, finds that in week 21 of 1998 the employe's employment was suspended, but not as a disciplinary action for good cause connected with his work, within the meaning of Wis. Stat. § 108.04(6).

DECISION

The appeal tribunal decision is reversed. Accordingly, the employe is eligible for benefits in weeks 21 through 24 of 1998, provided he is otherwise qualified. He is not required to repay the sum of $284.00 to the Unemployment Reserve Fund.

Dated and mailed: October 20, 1998
brownhe.urr : 164 : 6   MC 676

/s/ David B. Falstad, Chairman

Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

NOTE: The commission did not consult with the administrative law judge regarding witness credibility. The commission's decision to reverse is not based upon any differing assessment of credibility, but is as a matter of law based upon essentially the same set of facts as that found by the appeal tribunal.

 

cc: JAMES B SCHMIDT
CONTINENTAL INVESTIGATIONS & SEC


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