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

CLAYTON R ZEBROWSKI, Employe

ST CAMILLUS HEALTH CENTER INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99601422MW

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. The commission also determines that further hearing is not warranted.

DECISION

The employer's request for further hearing is denied and the appeal tribunal decision of the administrative law judge is affirmed. Accordingly, the employe is eligible for benefits, if otherwise qualified.

Dated and mailed June 7, 1999
zebrocl.usd : 105 : 3  MC 665.08

/s/ David B. Falstad, Chairman

Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

The commission has affirmed the appeal tribunal decision in this case, because the evidence at hearing established a valid reason for the employe's leaving work early on February 5, 1999. In its petition for review, the employer challenges the administrative law judge's refusal to allow it to introduce evidence on another issue, the employe's alleged intentional falsification of his employment application. For the following reasons, though, the commission believes the administrative law judge properly refused to allow hearing on that issue.

Wisconsin statute § 108.04 (5) governs discharges for misconduct. If an employer discharges an employe for misconduct, then the employe is ineligible for unemployment insurance until he or she meet the applicable requalification requirements. It should go without saying, though, that an employe cannot have been discharged for a reason the employer discovers after having discharged the employe. It is for this reason that the administrative law judge properly refused to allow the employer to take up the issue of the employe's alleged application falsification. It was not the basis for the employer's discharge of the employe, so it can have no bearing upon the employe's eligibility for unemployment insurance.

[ Search UC Decisions ] - [ UC Digest - Main Index ] - [ UC Legal Resources ] - [ LIRC Home Page ]