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

Subject: Kenneth W. Moncrief (Hearing No. 99002498FL) v. Sears Roebuck & Company and LIRC, Case No. 99-CV-550 (Wis. Cir. Ct., Fond du Lac Co., July 29, 2000)

Digest Codes: MC 630.05  MC 687

The employe worked as a customer service adviser for an auto repair facility. On 11/11/98, he received a written warning for giving a co-worker more than the standard employe discount for service performed at the employer’s facility. On 3/15/99, he received another written warning for allowing two individuals not employed by the employer to work in the employer’s service area on an automobile owned by another co-worker. On 5/18/99, the employe went into the employer’s service area and dismounted two tires for a former co-worker, but contrary to the employer’s policy, did not charge the co-worker for this service. When the employer learned about this final incident it discharged the employe.

The appeal tribunal found no misconduct and the commission reversed. On appeal the employe asserted that the employer never explained why it discharged him, nor did the commission ever find that the three incidents were the reasons for the discharge.

Held: The commission is affirmed. The record demonstrates that the employer explained the reasons for the discharge, and the commission found these reasons demonstrated misconduct under the statute. The employer discharged the employe for dishonesty which constituted misconduct under Wis. Stat. § 108.04(5).

[LIRC decision]

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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