MICHAEL B WEBER, Employee

GUY O'NEILL MFG SERVICES CO, Employer

An administrative law judge (ALJ) for the Division of Unemployment Insurance of the Department of Workforce Development issued a decision for hearing number 08400324AP. A timely petition for review was filed. On May 2, 2008, the commission issued an order setting aside the appeal tribunal decision and remanding the matter for a new hearing and decision. The remand specifically instructed the parties to bring evidence "regarding the separation of employment and the status of the employee's driver's license at time of hire and during his employment." Additionally, the hearing office was to arrange to have a witness from the Department Transportation testify regarding the status of the employee's driver's license during the relevant period.

On May 21, 2008, administrative law judge (ALJ) Schulze conducted the hearing in the matter for the Division of Unemployment Insurance of the Department of Workforce Development. On May 29, 2008, ALJ Schulze issued a decision for hearing number 08401274AP. A timely petition was filed.

The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ Schulze. 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.

The decision of the administrative law judge is affirmed. Accordingly, the employee is ineligible for benefits beginning in week 51 of 2007, 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. Recovery of the overpaid benefits for week 1 through 3 of 2008 in the amount of $1,065.00 is waived. The employee is not required to repay the department nor will the overpaid benefits be recovered by any other means. The appropriate employer accounts will be credited immediately with the overpaid amount.

Dated and mailed August 25, 2008
webermi . usd : 150 : 6 MC 630

James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

The employee petitioned the appeal tribunal decision disputing the employer's reasons for discharge and arguing that the evidence was incorrect. The commission has carefully reviewed the record of the hearing in this matter. It credits the testimony of the witness from the Department of Transportation, Division of Motor Vehicles Bureau of Field Services; the employee did not have a valid driver's license at time of hire and during his employment. He intentionally misled the employer, indicating that he did have a valid driver's license. His dishonesty exposed the employer to considerable liability and clearly evinced a willful and intentional disregard of the employer's interests and of the standards of conduct the employer had a right to expect. The commission therefore affirms the misconduct finding. Further, the commission agrees with the administrative law judge's finding related to the waiver of the overpayment.

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