STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)
JAMES J KRISPIN III, Employe
AMERI-KING/BURGER KING, Employer
UNEMPLOYMENT INSURANCE DECISION
Hearing No. 00001536WU
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.
The decision of the administrative law judge is affirmed. Accordingly, the employe is eligible for benefits, if otherwise qualified.
Dated and mailed May 10, 2000
krispja.usd : 132 : 6 MC 617 PC 740
/s/ David B. Falstad, Chairman
/s/ Pamela I. Anderson, Commissioner
/s/ James A. Rutkowski, Commissioner
The employer has petitioned for commission review of the adverse appeal tribunal decision which found that the employe was discharged from his employment but not for misconduct connected with his work. The commission has reviewed the record and agrees with the appeal tribunal's findings of fact and conclusions of law. The employer did not prove its allegations, it only established that allegations had been made against the employe. The employer requests that the case be reopened pending results of the employe's arrest and investigation. The administrative law judge's decision will remain in effect. However, the commission notes that under Wis. Stat. § 108.09(6)(c), the commission has two years to set aside any final decision on the basis of mistake or newly discovered evidence. The commission generally finds that a guilty plea, or a conviction following a plea of not guilty, constitutes "newly discovered evidence." Therefore, if the employer obtains evidence of such guilty plea or conviction of guilt, it may petition the commission to set aside the decision in this case under the two-year statute.
cc: NATIONAL RESTAURANT
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