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

Subject: Roehl Transport, Inc. v. LIRC and Carol A. Groff (Hearing No. 95602705MW) No. 95-CV-187 (Wis. Cir. Ct. Wood County November 14, 1996) James Mason Circuit Judge.

Digest Codes: MC 630.02

The employer is a long haul trucking company. The employe worked for the employer as an accounts payable clerk beginning in November 1984.

A comptroller of the employer embezzled funds from the employer through a money transfer system used by the employer. The employe processed the money transfer requests. The comptroller’s employment terminated in April 1991. The employer discharged the employe in March 1992. The employer discharged the employe after learning that she had received loans of $2500 from the comptroller without interest or payback terms.

The commission initially determined that the employe had been discharged for misconduct. Benefits were denied. The employe subsequently requested the commission to reconsider. That request was based on testimony by the employer’s owner, at the comptroller’s sentencing hearing, that he had known about the embezzlement as early as February 1991. After reconsideration the commission reversed its decision and found that the employer had not established that the employe was discharged for misconduct. Benefits were allowed.

A decision by the Wood County Circuit Court remanded the matter to the commission to allow the employer an opportunity to respond to the new evidence. After further proceedings the commission again found no misconduct and allowed benefits.

Held: The commission acted within its authority. Its conclusion that the employer failed to prove misconduct is supported by substantial evidence. Benefits allowed.

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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