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

Subject:  Alan Weiley v. LIRC and Marc Plaza Hotel, No. 626-822  (Wis. Cir. Ct. Milwaukee County October 12, 1984 )

Digest Codes: MC 630.14  MC 630.16- Dishonesty

A hotel store room manager had catering business of his own. He purchased food and other items to cater a wedding from the employer with permission, filled out the proper forms and paid for the merchandise. After the forms were stamped as paid, he added four bags of disposable plastic cups to the list and took them through the security person, showing the "paid" list, although he had not paid.  He claimed later that he took the items in good faith and expected to be billed for them when the accounting office received the requisition to which he had added the items.  He was not billed for the items, and in the days that followed he did not pay for them or take any other action to rectify the situation.  Eventually he was confronted about the matter, and he resigned when given a choice of doing so or of being discharged.  The Commission held that this was in effect a discharge and that the discharge was for misconduct connected with his employment.

Held: Affirmed. Although the value of the cups -- $3.00 -- was not significant, the value of the amount of goods does not necessarily play a role in the determination of whether  theft is misconduct. The employe's arguments that: (1) the employer routinely allowed removal of paper goods without paying for them and (2) that he intended to pay for them, are inconsistent and not credible. Several days passed before he was confronted, during which he took no steps to pay or to be billed or otherwise rectify the situation. The employer had a prescribed procedure of filling out two forms. The employe's action in changing just one to get through security indicated an intention not to pay.

Please note that this is a summary prepared by staff of the commission, not a verbatim reproduction of the court decision.

[ Search UC Decisions ] - [ UC Digest - Main Index ] - [ UC Legal Resources ] - [ LIRC Home Page ]