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

Subject: Dana Highshaw (Hrg. No. 95603627MW) v. Milwaukee Die Casting Co., Inc. and State of Wisconsin Labor and Industry Review Commission, Case No. 95-CV-009708 (Wis. Cir. Ct., Milwaukee Co., June 17, 1996)

Digest Codes: MC 697  PC 751.3

The employe was discharged after several instances in which he did not punch his time card properly or defaced it, in violation of employer rules. He was warned that he would be subject to discharge for another violation, but following this he left work one day without punching his time card. He claimed that he had been unable to find his time card, but he had not tried to find a supervisor to explain his problem. The commission denied benefits, holding that considering the employer’s rules and the employe’s knowledge of the rules, his actions were misconduct.

The employe sought judicial review. His summons and complaint did not allege any facts concerning the case or state any grounds for review. The commission argued that the complaint should be dismissed for failure to state grounds, and that the decision finding misconduct should be affirmed.

Held: The court has jurisdiction. The complaint filed did not strictly comply with the statutory requirement that grounds be stated. However, the employe had (a few days before service of the summons and complaint) sent a letter to the commission complaining about its decision and describing the employe’s views. Considering this letter, and in view of authority that pro se pleadings should be liberally construed, the court construes the complaint as alleging that the commission’s findings did not support its award.

On the merits, the commission’s decision is affirmed. It was reasonable to conclude that the employe should have made an effort to find a supervisor, considering his history of time card offenses and progressive discipline for such offenses leading up to warning that further violations would lead to discharge.

Please note that this is a summary prepared by staff of the commission, not a verbatim reproduction of the court decision.

[ Search UC Decisions ] - [ UC Digest - Main Index ] - [ UC Legal Resources ] - [ LIRC Home Page ]