Wisconsin Labor and Industry Review Commission --
Summary of Wisconsin Court Decision relating to Unemployment Insurance
Subject: Gail Thielen v. LIRC, Case 05-CV-010382 (Wis. Cir. Ct., Milwaukee Co., March 30, 2006)
Digest Codes: BR 330 - Concealment of material facts by claimant;
forfeiture for - claimant concealed 3 days of PT work earning her <$100 - LIRC
could infer intentional concealment based on proximity of the PT work and the
application for UI
The employee opened a claim for benefits in July of 2004 at which time she failed to report three days of part-time work with an employer. The employee’s reasons for failing to report the work related to the fact she worked only three days on a part-time basis, earning less than $100.00. Consequently, the employee did not believe that this prior employment would affect anything. The department, ALJ and the commission all found that the employee intentionally concealed materials facts from the department regarding her eligibility for unemployment, specifically that she worked, earned wages and quit employment from her employer. While the employee attempted to attribute her omission to human error and her conclusion that working only three days was inconsequential to the claiming process, the commission concluded that it could infer that the employee intentionally concealed past employment and wages.
Held: The court held that the commission’s findings were supported by credible evidence and that it would not overturn these findings. The court held that the commission could infer intentional concealment based on the proximity of the part-time employment and the application for unemployment benefits.
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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