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

Subject: Ellen Broge v. LIRC, DWD, Wal-Mart Associates, Case No. 18CV171 (Wis. Cir. Ct., Green Co., January 8, 2019)

Digest Codes: PC 755 Judicial Remand, MC 602.2 Substantial Fault, inadvertent error

Digest Summary: The employee worked thirty-two years, most recently as a receiving clerk, for the employer, a retail store. The employee was discharged for accumulating a series of offenses for which she received warning. The last two offenses related to her duties as a receiving clerk and the commission concluded that these errors were not inadvertent but rather conduct she had reasonable control over and she was aware of the employer's reasonable requirements with respect to accurately counting merchandise. The commission concluded that the employee's discharge was for substantial fault connected with her work, within the meaning of Wis. Stat. § 108.04(5g).

Held: Reversed and remanded by the circuit court to the commission. The court determined that the final offense was the result of "careless conduct" that did not constitute substantial fault under Operton v. LIRC, 2017 WI 46, 375 Wis. 2d 1. Further, the other offenses do not establish substantial fault. Consequently, the commission set aside its initial decision and issued a new decision consistent with the circuit court decision and order.

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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