Legal Opinion

Wisconsin Department of Workforce Development v. Wisconsin Labor & Industry Review Commission

Court of Appeals of Wisconsin

Decided March 8, 2017No. 2016AP1365PublishedCited by 3 opinions

1Opinion of the Court

¶ 1.

REILLY, P.J.

This case addresses eligibility for unemployment benefits when an employer has terminated an employee for misconduct due to absen*188teeism. The Wisconsin Department of Workforce Development (DWD) challenges the Labor and Industry-Review Commission's (LIRC) interpretation of the absenteeism statute, Wis. Stat. § 108.04(5)(e) (2015-16).1 Given our standard of review, we uphold LIRC's interpretation of § 108.04(5)(e) as reasonable and reverse the circuit court.

f 2. Prompted by concerns within the employer community that eligibility for unemployment benefits was too generous, the…

2Cases cited10 opinions

  1. Boynton Cab Co. v. NeubeckWisconsin Supreme Court · 1941
  2. Harnischfeger Corp. v. Labor & Industry Review CommissionWisconsin Supreme Court · 1995
  3. Racine Harley-Davidson, Inc. v. State Division of Hearings & AppealsWisconsin Supreme Court · 2006
  4. Princess House, Inc. v. Department of Industry, Labor & Human RelationsWisconsin Supreme Court · 1983
  5. Consolidated Const. Co., Inc. v. CaseyWisconsin Supreme Court · 1976

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3Cited by3 opinions

  1. Wis. Dep't of Workforce Dev. v. Wis. Labor & Indus. Review Comm'nWisconsin Supreme Court · 2018
  2. Wisconsin DWD v. Wisconsin LIRCWisconsin Supreme Court · 2018
  3. Wisconsin Department of Workforce Development v. Wisconsin Labor & Industry Review CommissionCourt of Appeals of Wisconsin · 2017

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