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

RODNEY L NORTHCOTT, Employee

SCHOFIELD ENTERPRISES INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 10006609MD


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 ineligible for benefits beginning in week 42 of 2010, 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.

Dated and Mailed April 20, 2011

MC 666.01 : MC 669

BY THE COMMISSION:

/s/ Robert Glaser, Chairperson

/s/ Ann L. Crump, Commissioner

Laurie R. McCallum, Commissioner

MEMORANDUM OPINION

The employee has petitioned for commission review of the adverse appeal tribunal decision which found that the employer discharged the employee for misconduct connected with his work for the employer. The employee was not misunderstood. He told the lead worker that if he was harassed by his coworkers one of his options would be to take them down and they would never walk again. Feeling harassed does not justify making threats of harm. See Atkinson v. Administrative Services Secretary Office, UI Dec. Hearing No.10005175 (LIRC March 4, 2011) (misconduct found where worker who felt harassed by his supervisor indicated that he was bigger than his supervisor, was ready to snap, and did not know what he might do).

cc: Attorney William Drengler


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uploaded 2011/06/03