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


Subject:  Joseph E. Musial  v. LIRC and Algoma Lumber Company, Case 00 CV 013 (Wis. Cir. Ct., Kewaunee Co., May 2, 2001)

Digest Codes:  MC 610.25   MC 630.07   MC 640.03

Employee, a loader operator for a lumber company, was discharged for telling an off-color joke to a female customer, lying about not having been told about mixing logs, and continually failing to follow the employer’s directive that he stay on his loader and not clean bark off of customers’ vehicles. Reversing an ALJ, LIRC found that the discharge was for misconduct. The employee sought judicial review, arguing that he was fired in retaliation for making a complaint to the DNR about the employer allegedly dumping hazardous waste, that he was denied due process when he was not allowed to present certain witnesses at hearing concerning that retaliation claim and about his foreman’s alleged bad temper, and also disputing the facts about the incidents on which the employer explained the discharge.

Held:  LIRC’s decision is affirmed. There was no denial of due process in the ALJ’s refusal to authorize a subpoena for a witness the employee wanted to have testify about the alleged illegal dumping and about his foreman’s alleged bad temper. The foreman’s temper was not an issue, and he had in fact helped employee keep his job as long as he had; the allegation of illegal dumping is not an issue in this proceeding, and any whistleblower retaliation would have to be addressed in a different case. Court also notes that the ALJ, who refused to allow the witness, had actually ruled in the employee’s favor. LIRC’s findings about employee telling an off-color joke to a female customer, lying to a company vice-president about the instructions he had been given on mixing logs, and disregarding instructions about how to perform his job, are supported by the record, and the conclusion that his actions were misconduct was not arbitrary or capricious or contrary to the facts as a matter of law.


[LIRC decision]

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 ]