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

Subject: Michael J. Krempp vs. LIRC and Albany Chicago Company, Case No. 02 CV 000877 (Wis. Cir. Ct., Kenosha County, October 8, 2002)

Digest Codes: SW 840

Krempp worked for about 1 1/2 years as a machine operator for the employer. He was indefinitely laid off on August 31, 2001. On October 30, 2001, Krempp received a letter from the employer asking if he was interested in returning to work. Krempp contacted the employer on October 30, 2001 and was instructed to report to the office the next day to get the address of a clinic for a pre-recall drug screen. Krempp drank until the early morning hours of October 31, 2001, and reported to the employer for the clinic address a few hours later. The employer's human resources director instructed the clinic to give Krempp an alcohol screen also. The alcohol screen results were  .213 and  .195. The employer refused to recall Krempp to work. The commission found that Krempp blocked a job offer by engaging in conduct which prevented the employer from offering work or which caused the employer to withdraw an offer of work. The commission also found that Krempp failed, without good cause, to accept an offer of work and therefore was not eligible for unemployment benefits. 

Held: The commission reasonably concluded that Krempp's conduct of reporting for a drug screen with a high level of alcohol in his blood was intentional and caused the employer not to recall him to work. The commission also reasonably concluded that Krempp's conduct constituted a failure to accept a bona fide offer of work. Krempp is disqualified from receiving unemployment benefits. 

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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