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


VAN C JACKSON, Employe

CITY OF MADISON, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 00002972MD


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 ineligible for benefits beginning in week 6 of 2000, and until seven weeks have elapsed since the end of the week of discharge and the employe has earned wages in covered employment performed after the week of discharge equaling at least 14 times the employe's weekly benefit rate which would have been paid had the discharge not occurred.

Dated and mailed August 22, 2000
jacksva.usd : 105 : 1  MC 630.20

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner


MEMORANDUM OPINION

The employe argues in his petition for review that he did not commit misconduct on his "job." The employe's filling out of the employment application is part of his job, however, and so failures in filling out that application can constitute misconduct for unemployment insurance purposes. The employe conceded that he had wrongly responded to the question whether he had ever been convicted of any violations of law, and his excuse for the wrong answer, that he simply read the question too fast, is so weak as to not be credible. What is left is the employe's intentional falsification of his employment application; the department and commission have long considered such falsification to be misconduct connected with employment. For these reasons, and those stated in the appeal tribunal decision, the commission has affirmed that decision.

cc: ATTORNEY ROGER A ALLEN
MADISON CITY ATTORNEYS OFFICE

VAN C JACKSON
C/O HOSPITALITY HOUSE


[ Search UC Decisions ] - [ UC Digest - Main Index ] - [ UC Legal Resources ] - [ LIRC Home Page ]