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


Subject: Mark Vaaler v. LIRC and Wettsteins & Sons Inc., Case 04-CV-0126 (Wis. Cir. Ct., La Crosse Co., January 12, 2005)

Digest Codes: MC 653.1

On his last day of work the employee, an appliance deliverer/installer, reported to the workplace smelling of alcohol and with a red face and bloodshot eyes. The employer took him for a blood alcohol test pursuant to its policy allowing for drug testing when it has reasonable suspicion an employee is under the influence of a controlled substance. The test was approximately an hour after the employee had reported to work, at which time his blood alcohol level was .068. The employer discharged the employee for violation of its policies prohibiting employees from reporting to work and working under the influence of alcohol. The commission found misconduct; the employee knew he should not be reporting to work with alcohol on his breath, and the employer has legitimate interests in not having workers moving heavy appliances while under the influence and interacting with customers while smelling of alcohol.

Held: Affirmed. The employee’s admitted conduct violated the employer’s substance abuse policies and the employee knew it was wrong for him to have reported to work with alcohol on his breath. In the alternative, the court held that it could have dismissed the plaintiff’s summons and complaint based upon his failure to have submitted a brief pursuant to the court’s briefing schedule. The court characterized this failure by the plaintiff as egregious and flagrant, since the plaintiff never gave the court any reasons for his failure or communicated any other intentions to the court.
 

[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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