Wisconsin Labor and Industry Review Commission --
Summary of Wisconsin Court Decision relating to Unemployment Insurance
Subject: Impressions Of Increase, Inc. v. State Of Wisconsin Labor And Industry Review Commission and Geraldine A. Vitucci, Case No. 13 CV 7083 (Wis. Cir. Ct., Milwaukee Co., February 27, 2014)
Digest Codes: BR 319.1 Failure to question eligibility, file/provide correct/complete info in report – s. 108.04(13)(f)
The employee was discharged for misconduct. The employee erroneously received UI benefits because the separating employer failed, without good cause, to file correct and complete information with the department, within the meaning of Wis. Stat. § 108.04(13)(f).
The employee had multiple employers in her base period but the separating employer disputed that its account should be charged the full amount of the erroneously paid benefits, pursuant to Wis. Stat. § 108.04(13)(e). The employer argued that Wis. Stat. § 108.07(2), Liability of Employers, which provides for the proportional charging of multiple employers in an employee’s base period should apply despite the finding of employer fault under Wis. Stat. § 108.04(13)(f).
The commission's decision found that Wis. Stat. § 108.04(13)(e) required the separating employer’s account be fully charged based on the fault finding under Wis. Stat. § 108.04(13)(f), even though there were other employers in the employee’s base period.
Held: Affirmed by the Circuit Court. Giving the commission due weight in its interpretation of
Wis. Stat. § 108.04(13)(e), the court found the commission’s interpretation the most reasonable
and that pursuant to Wis. Stat. § 108.04(13)(e), the separating employer’s account must be fully
charged, based on a finding of employer fault under Wis. Stat. § 108.04(13)(f).
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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