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

Subject: Teri L. Tuttle (Hearing No. 95000201JV) v. Lions Quick Marts Inc. and LIRC, Case No. 95-CV-275B (Wis. Circuit Court Rock County, July 10, 1996)

Digest Codes: MC 630.05

The employe was a cashier for a Quick Mart and was discharged after videotapes revealed numerous occasions when she failed to ring up items on the cash register for which she accepted money from customers, or rang up amounts less than the actual amount she received for the item. Nevertheless, at the end of the shifts videotaped, her cash drawer did not reflect any overage. The employe had been robbed at the store on three occasions, each about two years apart. Two of these robberies involved physical assault. The employe asserted that her actions were either mistakes caused by unauthorized overdoses of medication she was taking for post traumatic stress disorder, or that she was intimidated by black males and as a result undercharged them. She had been robbed by black males. The commission found misconduct.

Held: Affirmed. The record contains abundant evidence supporting the commission’s credibility finding of deliberate dishonesty. The videotapes show that the employe was capable of efficient cashier work throughout her shifts, undercutting her argument that her actions were all mistakes or caused by too much medication. She underrang items for all types of customers, not just black males.

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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