KYLE A KOWALKOWSKI, Employee
XENTEL INC, Employer
Dated and mailed December 8, 2010
kowalky : 132 : 5 PC 714 : PC 735
/s/ James T. Flynn, Chairperson
/s/ Robert Glaser, Commissioner
/s/ Ann L. Crump, Commissioner
NOTE: The ALJ excluded the recording of the telephone conversations between the employee and the employer's customers based on Wis. Stat. § 885.365 Wis. Stat. § 885.365(1) provides:
Evidence obtained as the result of the use of voice recording equipment for recording of telephone conversations, by way of interception of a communication or in any other manner, shall be totally inadmissible in the courts of this state in civil actions, except as provided in ss. 968.28 to 968.37.
(Emphasis added.)
An unemployment hearing is not a court.
Further, Wis. Admin. Code § DWD 140.16(1) provides, in relevant part:
Statutory and common law rules of evidence and rules of procedure applicable to courts of record are not controlling with respect to hearings.
The ALJ erred in ruling that the tapes were inadmissable.
cc:
Xentel, Inc. (Milwaukee, WI)
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uploaded 2011/01/14