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


Subject: William R. Yeske vs. LIRC and McDonald's Restaurants, Case No. 01-CV-132 (Wis. Cir. Ct., La Crosse County, September 5, 2001) 

Digest Codes: MC 610.25  MC 640.05   MC 665.12 

Yeske began working for McDonald's on June 29, 2000. He was a full-time janitor on the third shift and earned $8.00 per hour. Shortly after opening on July 9, 2000, Yeske was cleaning the urinals in the men's restroom. A customer entered and Yeske told him to use a cubicle. The customer subsequently called and complained to a swing manager about his treatment by Yeske. The swing manager confronted Yeske about the complaint in the back room. Yeske became angry and loud. He was told he had to be more civil with people. Yeske followed the swing manager to the front of the store and continued to object in a loud manner. He had his fists clenched and approached the swing manager in a threatening manner. He then calmed down, said he would improve and left the store. The swing manager reported the incident to an assistant manager and prepared a written report. The assistant manager advised the store manager. When the store manager next came to work another customer complained about Yeske's "yelling and screaming." The store manager discussed the matter with Yeske, who denied shouting or yelling. The store manager terminated Yeske. The commission found that Yeske was discharged for misconduct.

Held: Judicial review of commission decisions is limited by statute and prior court decisions. The record establishes that the store manager had knowledge of the events that resulted in Yeske's discharge prior to the termination. The nature of Yeske's actions clearly fall within the judicial standard of misconduct. His conduct disregarded McDonald's interests and adversely impacted them. The decision is affirmed. Benefits denied.


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 2001/11/13