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

Subject: Timothy R. Davis v. LIRC and Double J Transport, LLC, Case 02-CV-002988 (Wis. Cir. Ct., Milwaukee Co., November 12, 2002)

Digest Codes: MC 657  MC 659 

The employee worked approximately 15 months as an over-the-road truck driver. The employee was warned he needed to log more miles per week or face termination. On August 23, 2001, the employee was assigned a time-sensitive delivery (hot load) to be delivered to the Baltimore/D.C. area. The employee had 23 hours to make a 383-mile delivery (with 4 stops). The employee then proceeded to sleep 13.25 hours in the first 15.5 hours of his delivery run. The employee completed his delivery 3 ¾ hours late. The customer, the employer's largest, demanded that the employee be terminated. The employer discharged the employee for failing to complete the time-sensitive delivery on time.

The commission found that the employee was aware of the time sensitive nature of the delivery and that if he had slept 8 hours (legal requirement) rather than 13.25 hours he would have been able to make the delivery on time. The commission found that the employee made an unreasonable effort to perform his assigned duties and this failure was an intentional disregard of the employer's interest. The commission found that the employee was discharged for misconduct and ineligible for benefits.

Held: Affirmed. The commission's conclusion that the employee was discharged for misconduct is based on credible and substantial evidence, is entitled to great weight deference and is reasonable in this case. 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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