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

Subject: Lisa Jones (Hrg. No. 95602612MW) v. Labor and Industry Review Commission and One Price Clothing Stores, Inc., Case No. 95-CV-008146 (Wis. Cir. Ct., Milwaukee Co., May 22, 1996)

Digest Codes: MC 657

The employe was the manager of a clothing store. She was terminated after it was repeatedly observed that her store was disorganized and messy, with cluttered merchandise and trash on the floor and displays not properly set up. The employe asserted that she was performing to the best of her ability and that her failures resulted from her own inefficiency and lack of competence and not from any intentional disregard of the employer’s interests. LIRC found that she was discharged for misconduct. The employe was aware that her work was being criticized and knew what needed to be done, yet did not avail herself of offered opportunities for further training. Her poor performance rose to the level of intentional disregard of her duties and responsibilities, and was thus misconduct.

Held: Affirmed. The misconduct issue is intertwined with factual and value determinations. The court assigns great weight to the determination that the employe was guilty of misconduct. The evidence supports the findings that the employe was able to do her job but was not doing her best to do so.

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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