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


FEDERICO SANDOVAL, Employe

DELUXE VIDEO SERVICES INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No.


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 employe is eligible for benefits, if otherwise qualified.

Dated and mailed May 27, 1999
sandofe.usd : 178 : 2   PC 714.07

/s/ David B. Falstad, Chairman

Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner


MEMORANDUM OPINION

In its petition for commission review, the employer argues that the employe's attendance record amounted to misconduct. However, the employer failed to bring the necessary attendance records to support its contention that the employe was excessively absent. The disciplinary records offered at the hearing to prove the employe's attendance record do not qualify under any hearsay exception and the department's rules forbid any finding be based solely upon such hearsay. Therefore the commission must agree with the ALJ that the employer has failed to meet its burden of demonstrating that the employe's discharge was for misconduct connected with his employment.

cc: DELUXE VIDEO SERVICES INC

ROBERT C TIBBITS
C/O CONTINENTAL INVESTIGATIONS AND SECURITY LTD


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