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

Subject: Freddie Williams (Hearing No. 94601766MW) v. LIRC and Butler Wire & Metal Products, Inc. Case nO. 95-Cv-001142 (Wis. Cir. Ct. Milwaukee County, November 17, 1995) Michael J. Skwierawski, Circuit Judge

Digest Codes: MC 605.09

The employer fabricates steel wire products and employs about 25 people. The employe worked as a general laborer beginning in July 1991.

The employe did not work a full week during 16 of 47 weeks during 1993. He received three verbal warnings during 1993. In December 1993, he was reduced to 32 hours per week, working Tuesday through Friday. He was returned to full time on January 10, 1994, conditioned on working 40 hours per week, absences excused by a doctor and a 60 day probation.

The employe did not work on January 19, 1994, because his car would not start. On January 21, 1994, he called in with car problems and said he would be in later. He picked up his check at 3:00 p.m. but did not work that day. The employer discharged the employe during his work shift on January 24, 1994. The commission found that the discharge was for misconduct.

Held: The commission’s decision applying the definition of misconduct is entitled to great weight due to its considerable experience. A finding that absences are due to baby-sitting problems and illness of his children does not mean that they were for good reasons. The commission can reasonably conclude that failure to make adequate child care arrangements is misconduct. Proper planning can alleviate transportation problems.

The employe was warned about his attendance. He was aware of the need to work 40 hours per week. His failure to work as scheduled was for reasons within his control. Evidence which was not submitted at the hearing cannot be added to the record before the court. The commission’s 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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