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

Subject: Gary L. Roecker v. Schuler's Pick N Save and LIRC, Case No. 02 CV 203 (Wis. Cir. Ct., Dodge County, November 5, 2002)

Digest Codes: MC 630.07   MC 630.14  MC 693

Roecker worked for the employer for about a year as a meat cutter and as acting meat department manager. The employer, a grocery store, maintains an employee handbook, which includes a policy for employee purchases, which are consumed on the premises. The policy requires that a written receipt be attached to such items. Employees who consume something in the store without a receipt are subject to immediate discharge.

On October 31, 2001, Roecker was drinking a Coke in the meat cutting room. He was asked where the receipt was. He stated that it was in his meat-cutting jacket. He then said it had been thrown away. The receipt could not be found. Roecker was discharged. The commission found that Roecker had been discharged for misconduct.

Held: Judicial review of commission decisions is highly deferential. Finding of fact is conclusive. Conclusions of law in misconduct matters are given great weight. The party seeking to overturn the commission's decision bears the burden of showing that it was unreasonable.

Here the plaintiff has raised no credible claim that the decision was contrary to the statutory standards. In fact, no legal authority to support Roecker's claim has been cited. His allegation that another employee was treated more leniently is a fact issue beyond the court's jurisdiction. Roecker's claims for overtime are not relevant to this action. Therefore the commission's decision is confirmed.

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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