Wisconsin Labor and Industry Review Commission --
Summary of Wisconsin Court Decision relating to Unemployment Insurance
Subject: James R. Wilke (Hearing No. 97402675AP) v. State of Wisconsin Labor and
Industry Review Commission and East Town TV/Appliance-The Service Connection, Case
98-CV-34 (Wis. Cir. Ct., Waushara Co., August 26, 1998)
Digest Codes: MC 630.09
The employe worked for two months as a service technician for the employer, an electronics
retail business. On two occasions he was observed leaving work at 5:00 p.m., but found to
have written a 5:15 p.m. departure time on his time cards. When the employer confronted
the employe about these discrepancies he had no reasonable explanation, so he was
discharged.
The employe subsequently obtained documentation from a psychologist that he was dyslexic,
and he claimed this condition cause him to mismark the time cards. However, this
explanation was not credible for several reasons. He claimed that he actually left at 5:15
p.m. on the days in question, but assuming that the employer's witnesses were correct that
he left at 5:00 p.m., he must have misread his watch due to the dyslexia. However, his
watch has lines for the five-minute intervals rather than numbers, and there was no
evidence other than his vague testimony that he "sometimes" misread the watch.
He alternatively argued that on each occasion he meant to write "5:00" instead
of "5:15" on the time cards, but again his dyslexia caused the errors. This
assertion was inconsistent with his testimony that he left at 5:15 p.m., and is not
credible given that numbers were substituted rather than transposed. The appeal tribunal
and the commission found misconduct.
Held: In an oral decision the court affirmed the finding of misconduct for the
reasons noted above, also citing the deference due the commission in accordance with the
standard of judicial review.
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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