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

JOSEPH R YONKE, Employee

PIGGLY WIGGLY SUPERMARKETS, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 10608874RC


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, if otherwise qualified.

Dated and Mailed February 18, 2011

MC 600 : PC 714.03

BY THE COMMISSION:

/s/ James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

MEMORANDUM OPINION

The employer has petitioned for commission review of the adverse appeal tribunal decision which found that the employer discharged the employee but not for misconduct connected with his work for the employer. The employer argues that the 70 pages of documentation submitted at the hearing support a finding that the employee's Internet use was excessive. The commission disagrees. The commission is not comprised of computer or Internet experts. The employer had the burden of proving what those 70 pages demonstrate in terms of the employee's Internet use. It did not meet that burden.

cc: Piggly Wiggly Supermarkets (Sheboygan, Wisconsin)


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uploaded 2011/04/29