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


Subject: Thomas S. Rollo v. Labor and Industry Review Commission and Burns International Security Corporation, Case 00 CV 009195 (Wis. Cir. Ct., Milwaukee Co., July 25, 2001)

Digest Codes: MC 665.01, MC 692.02, MC 665.12

Employee, a security supervisor, had his arm amputated by a home-made "cutting device" in his basement. A police investigation ensued. Employee subsequently informed his employer that he had lied to the police about some of the circumstances of the event. Concerned because its security guards need to interact with the police as part of their job, the employer asked the employee to provide it with a copy of the police report so that it could investigate the issue raised by the employee's admission that he had lied to the police. The employee refused to provide a copy of the police report and threatened to sue the employer if it attempted to obtain a copy of the report from any other source. employee sought UI benefits, which were denied on grounds of misconduct. An Appeal Tribunal found no misconduct but, after a remand for further hearing, LIRC decided that the discharge had been for misconduct. The employee appealed, arguing that the case merely involved a tragic "at home" accident occurring on personal time, the employee had merely been trying to preserve confidential and personal information he was concerned might be in the report, and the employer had the information it needed available to it

Held: LIRC's decision finding misconduct is affirmed. The employer's desire to have a copy of the police report was legitimate considering the information the employee had given it about his lying to the police, and even the employee conceded that if he were the employer in a case like this he would want to see the police report. The employee willfully and intentionally refused to cooperate in providing it, and thus intentionally interfered with the employer's investigation, and this was a substantial disregard of the employer's interests.


[LIRC decision]

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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uploaded 2001/09/07