Wisconsin Labor and Industry Review Commission --
Summary of Wisconsin Court Decision relating to Unemployment Insurance
Subject: Barbara J. Geier (Hrg. No. 95000860LX) v. LIRC and Northern Engraving Corporation, Case No. 95 CV 159 (Wis. Cir. Ct., Monroe County, February 8, 1996)
Digest Codes: MC 640.03 MC 640.12
The employe worked as a name plate shipper for the employer, a manufacturer of auto parts. She was discharged as the result of an incident in which her supervisor directed her to unload certain carts and she refused to do so, continuing to refuse to do so over the course of about 15 minutes as the supervisor repeated the order that she perform the work. The commission concluded that the employe had previously been warned about such hesitation in following orders and that her actions were misconduct.
Held: Affirmed. While the evidence does not support the commissions finding that the employe had been warned in the past concerning hesitation in response to orders, still there was credible evidence supporting the findings that on this occasion the employe failed to follow the instructions of her supervisor in circumstances that could not be considered mere inefficiency, unsatisfactory conduct, failure in good performance as a result of inability or ordinary negligence, or a good faith error in judgment. The employees failure to promptly perform the task directed did evidence an intentional and substantial disregard of the employers interests and of the employes duties.
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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