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

Subject:  Barbary, Jesus v. James R. Sturm, DILHR, LIRC and Blackhawk Technical College, (No. 95-CV-475b, Wis. Cir. Ct. Rock County June 18, 1996),  No. 96-1755, Wis. Ct. App. December 5, 1996, District 4 (unpublished).

Please note that Wis. Stat. 809.23(3) provides that an unpublished decision of the Court of Appeals is of no precedential value and for that reason may not be cited in any court in this state as precedent or authority. Summaries of unpublished Court of Appeals decisions are included in this collection as an informational service only, and their use contrary to 809.23(3) is not encouraged.

Digest Codes:  MC 668

The employe began work for the employer as a full-time custodian beginning August 1, 1989. During his work shift on February 8, 1995 the employe had an argument with another employe, a lead custodian, who was off-duty. During that incident the employe used profane language and threatened physical harm to the co-worker. The employe denied these allegations. An administrative law judge found that the employe was discharged for misconduct and denied benefits. The commission affirmed that decision. The employe contends that the incident did not occur as charged, that even if he made the threat he did not cause any physical harm and the discharge was based on a single, isolated incident.

Held: The determinations that the employe used profane language and physically threatened the co-worker are fact findings that are supported by the testimony of the co-worker. The court may not set them aside. It is reasonable to conclude that physical threats are misconduct even where no one is actually injured. Threats cause workplace disruption. The conclusion that the employe was discharged for misconduct is not unreasonable or contrary to the clear meaning of the statute. 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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