Wisconsin Labor and Industry Review Commission --
Summary of Wisconsin Court Decision relating to Unemployment Insurance
Subject: Lisa A. Washington (Hrg. No. 97603571MW) v. LIRC and Meritus Education
Resources, Case 97-CV-010214 (Wis. Cir. Ct., Milwaukee Co., May 15, 1998)
Digest Codes: MC 659
Employe was an aide at a day car center, responsible for a class of 4- and 5-year olds.
She was fired after the employer concluded that she fell asleep at work. The Appeal
Tribunal allowed, based on a finding that it had been proved that the employe fell asleep,
but LIRC reversed, finding that she had fallen asleep, and that the risks presented by her
thus leaving a group of young children unsupervised were so great that her falling asleep
constituted misconduct. On appeal, the employe argued that the evidence was not adequate
to establish that she was sleeping, and that in any event her falling asleep because she
was feeling sick should not be considered misconduct.
Held: Affirmed. There was sufficient credible evidence in the record to support the
finding that the employe was sleeping. The court gives great weight to the commission's
determination, that sleeping while on a job which requires supervision of a classroom of
4-and 5-year olds was carelessness or negligence of such a degree as to constitute
misconduct. The employe's argument, that falling asleep because of sickness should not be
treated as misconduct, assumes a fact not found. The commission only found that the
employe was sleeping, not that she was sick. In addition, the employe's argument was
inconsistent with her assertion that she had not fallen asleep, but only had her head
down.
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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