Wisconsin Labor and Industry Review Commission --
Summary of Wisconsin
Court Decision relating to Unemployment Insurance
Subject: Tabitha Fenceroy v. LIRC and Department of Corrections, Case 02-CV-7593 (Wis. Cir. Ct., Milwaukee Co., January 9, 2003)
Digest Codes: MC 630.07 MC 640.03
The employee was employed by the Department of Corrections as a probation and parole agent for about three years. The employer had a fraternization policy that prohibited workers from having personal relationships with offenders under the supervision or custody of the employer, but it granted the employee an exception to the policy in order to have contact with an offender, DeAndre Harris, for the purpose of mutual parenting of their child. On October 23, 2001, Harris was stopped by police while driving the employee's car and was subsequently arrested for driving after revocation. The police recovered a quantity of cocaine secreted inside the employee's car. Harris told the police he lived with his mother, but Harris' mother told the police Harris lived with the employee. The police then searched the employee's home and found a large quantity of illegal drugs, weapons, and over $13,000 in cash. The police also found personal items belonging to Harris, including clothing hanging in the employee's closet and in her dresser drawers, as well as dirty clothing of Harris' in a laundry hamper.
The police notified the employer of Harris' arrest while driving the employee's vehicle. However, when the employer discussed the matter with the employee, she did not disclose anything about the search of her home. The employer later learned of the search and, when it discussed the matter with the employee, she denied living with Harris and insisted he lived with his mother. The employer suspended the employee on October 29, 2001, and gave her a letter prohibiting contact with any offenders under its supervision. Thereafter, the employee engaged in telephone contact with Harris. On December 20, 2001, the employer discharged the employee for a variety of rule violations, including insubordination, failure to abide by the fraternization policy, negligence in the performance of duties, and failing to provide truthful, accurate and complete information when required.
The initial determination found that the employee was discharged for misconduct and denied benefits, but an ALJ reversed and found that misconduct was not established. LIRC reversed, finding a discharge for misconduct. Although LIRC agreed with the ALJ that the record did not establish the employee was aware of the presence of drugs in her house or car, LIRC found that there was sufficient evidence in the record to support a conclusion that Harris was living with the employee, in violation of the fraternization policy, and that she was untruthful to the employer on this point. LIRC also concluded that the employee knowingly violated the terms of her suspension by continuing to have contact with Harris after being directed not to do so and, finally, that she violated the employer's work rules by failing to provide truthful, accurate and complete information when required.
Held: Affirmed. The court held that, while more than a single inference could be drawn from the presence of Harris' clothing, narcotics and cash at the employee's home, the inferences drawn by the commission were not irrational and were based on credible evidence. The court stated that the commission's decision was entitled to "great weight" deference, and that its findings are conclusive.
Please note that this is a summary prepared by staff of the commission, not a verbatim reproduction of the court decision.
[ Search UC Decisions ] - [ UC Digest - Main Index ] - [ UC Legal Resources ] - [ LIRC Home Page ]