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

Subject: Communicator News v. Labor and Industry Review Commission and Charles Johnson (Hearing No. 94607750MW), Case No. 95-CV-009136 (Wis. Circuit Court Milwaukee County, July 17, 1996)

Digest Codes: MC 605.01  MC 640.05   MC 657  MC 664

The employe worked for about ten months as the shop manager for the employer, a printing firm. He was discharged for a number of alleged reasons, including untimely preparation of customer orders, the quality of his work, shouting at co-workers and management, excessive spoilage, attendance and failure to keep the work areas neat and clean. The commission found that the employer had failed, in each instance, to submit credible evidence supporting its allegations.

Held: The commission is affirmed. Analysis of each of the employer’s allegations reveals that the credible evidence supports the commission’s findings rather than the employer’s allegations. The employe’s job performance may have been unsatisfactory to the employer, but the evidence demonstrates that he performed as well as he could under the conditions imposed upon him by the employer and the amount of work he was expected to do.

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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