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

Subject: Brian Stribling (Hrg. No. 95600209MW) v. LIRC and Reinhart Foods, Case No. 95-CV-006424 (Wis. Cir. Ct., Milwaukee Co., March 22, 1996)

Digest Codes: MC 640.15

The employe was a driver for a food distribution company. He was on light duty because of a work injury. A dispute arose as to whether he was willing to do certain work. The employe confronted his supervisor and argued with him in a loud and obscene fashion, calling his supervisor a "fucking liar." This occurred in the presence of other employes. He was discharged. LIRC found that he was discharged for misconduct.

Held: Affirmed. The court gives great weight to the commission’s determination that directing profane and obscene argument to a supervisor in an insubordinate manner is misconduct. The court declines to consider the non-record evidence submitted by the employe because judicial review of a decision of LIRC is confined to the record made before the agency. Finally, the court declines to address the employe’s argument that there was discriminatory imposition of discipline. If the employe has an equal protection claim he must pursue it as such. The court will not entertain it in a proceeding such as this.

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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