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


TONY HONG, Employe

BEST BUY STORES LTD PTRSHP, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 99603589MW


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 October 14, 1999
hongton.usd : 132 : 1 MC 665.01

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

James A. Rutkowski, Commissioner


MEMORANDUM OPINION

The employer has petitioned for commission review of the adverse appeal tribunal decision which found the employe was discharged from his employment but not for misconduct connected with his work. The commission has reviewed the record in this matter and agrees with the appeal tribunal's Findings of Fact and Conclusions of Law. The actions for which the employe was discharged occurred prior to his employment. Therefore, the employe could not have been acting with the intent to disregard the employer's interests at the time he acted. While the commission recognizes a connection between the crime of retail theft and the employer's business as would be relevant in an arrest and conviction discrimination case under Wis. Stat. § 111.335, the commission agrees with the ALJ that such connection cannot equate with misconduct connected with the employe's employment, where the offense happened before the employe was employed by this employer.

Accordingly, as noted by the appeal tribunal, he cannot be held to have violated a rule of which he was aware and therefore did not intentionally engage in actions contrary to the employer's interests. For these reasons, and for the reasons set forth in the appeal tribunal decision, the commission affirms that decision.

cc: BEST BUY MAYFAIR

ROBERT C TIBBITS
CONTINENTAL INVESTIGATIONS & SEC


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