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

Subject: Charles McMillon (Hrg. No.. 92609233MW) v. LIRC and BPS Guard Service ( Wis. Cir. Ct. Milwaukee Co., No. 93-CV-003955,December 2, 1993, William D. Gardener Cir. Judge) -  Wis. Ct. App., No. 95-1192,  District 1, May 21, 1996 (unpublished).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 Stat. 809.23(3) provides that an unpublished decision of the Court of Appeals is of no precedential value and for that reason may not be cited in any court in this state as precedent or authority. Summaries of unpublished Court of Appeals decisions are included in this collection as an informational service only, and their use contrary to 809.23(3) is not encouraged.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 657  MC 659  PC 714.07

The employe worked for the employer as a security officer from March 1988 through September 1992. He received a copy of the employer’s rules when he began his employment. During his employment he received warnings, including a warning for failure to make rounds. Just prior to the termination of his employment the employer received a complaint about the employe’s work. At a meeting with the employer the employe denied sleeping on duty but admitted not performing all his tours and filing false records regarding his rounds. He contended that was an accepted practice. He was discharged at the meeting. The commission concluded that the employe was discharged for misconduct. The circuit court affirmed holding that employe was not denied due process by failing to have complaining customer testify at the hearing.

Held: Although no customer representative appeared at the hearing, two employes of the employer testified that they were present at the meeting where the employe admitted not making all his required rounds. That testimony is sufficient to support the commission’s findings. His later denial of the admission is not grounds to reverse the commission’s findings. Failing to make rounds, virtually the only job requirement, constitutes misconduct. Commission decision affirmed.

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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