Operton v. Labor & Industry Review Commission

¶ 1.

PATIENCE DRAKE ROGGENSACK, C.J.

This is a review of a published decision of the court of appeals1 reversing a circuit court order that affirmed a determination by the Labor and Industry Review Commission (LIRC).2 LIRC determined that Lela Operton (Operton) was ineligible for unemployment benefits because she was terminated for substantial fault.

¶ 2. We conclude that LIRC incorrectly denied Operton unemployment benefits. Operton was entitled to unemployment benefits because her actions do not fit within the definition of substantial fault as set forth in Wis. Stat. § 108.04(5g)(a)…