DeBoer Transportation, Inc. v. Swenson

¶ 1. Charles Swenson worked as a truck driver for deBoer Transportation. The question in this case is whether, under Wis. Stat. § 102.35(3),1 deBoer Transportation illegally refused to rehire Swenson after he recovered from a work-related injury. The Labor and Industry Review Commission concluded that deBoer failed to show "reasonable cause" for its refusal to rehire Swenson, as required by § 102.35(3). We conclude that the commission's reliance on an incorrect interpretation of the reasonable cause standard caused it to err in ruling against deBoer. Accordingly, we reverse the circuit…