Wisconsin Labor and Industry Review Commission --
Summary of Wisconsin Court Decision relating to Unemployment Insurance

Subject: Eunice T. Berry (Hearing No. 95602605MW) v. LIRC and Bayshore Clinical Laboratories, No. 95-CV-010584 (Wis. Cir. Ct. Milwaukee County August 20, 1996, Jacqueline D. Schellinger Circuit Judge).

Digest Codes: MC 660.01 - Negligence, Unsatisfactory/slow work - General

The employe worked as a phlebotomist for this employer which is in the business of testing body fluids. She drew blood from patients in their own homes or in nursing homes. She began working in September 1993. During her employment the employe was involved in a number of incidents that she either admitted at the hearing or on warning notices given to her by the employer. The commission concluded that the employe had been discharged for misconduct and was not eligible for unemployment benefits.

Held: The employe disputes some of the employer’s allegations but admitted several of them. Even the inadvertencies or negligent acts that the employe admitted were not "isolated instances" but were recurring and constitute misconduct. Because the employe admitted sufficient acts for the commission to base its decision, it does not matter that some of the other evidence was hearsay. The commission’s findings are supported by the record. Those findings support the conclusion of misconduct.

Please note that this is a summary prepared by staff of the commission, not a verbatim reproduction of the court decision.

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