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

Subject: Richard E. Rubner (Hearing No. 95200965EC) v. LIRC and Lakewoods, Inc., No. 95-CV-115 (Wis. Cir. Ct. Bayfield County November 19, 1996) Thomas J. Gallagher Circuit Judge.

Digest Codes: VL 1080.20

The employe worked for the employer as a mechanic. His brother also worked for the employer. A supervisor told the employe’s brother how to do a job. When the brother disagreed with the instructions, the supervisor told the brother that if he wanted to argue the supervisor didn’t need him there. The brother left. The employe asked the supervisor how he expected him to get the work done alone. The supervisor responded that even the two of them weren’t getting anything done. The employe said that if that was the way he felt, he quit, too. The employe left.

The employe applied for unemployment benefits and argued that he quit for good cause attributable to the employer. He cited incidents of use of vulgar language toward the employe by the employer. The commission found that any use of vulgar names by the employer toward the employe was done in a jocular fashion. Benefits were denied. On review the employe argued that the administrative law judge did not set forth the evidence to show how that finding was arrived at. The employe also argued that the hearing transcript did not accurately reflect the testimony.

Held: The commission’s finding is supported by relevant and credible evidence. The court may not substitute its judgment for that of the commission on weight or credibility of evidence. The employe did not meet his burden to show that he quit for good cause attributable to the employer. Benefits denied.

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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