Employment — unemployment insurance – misconduct — marijuana

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Wisconsin Court of Appeals

Civil

Employment — unemployment insurance – misconduct — marijuana

Michael MacNeil’s employment with Waste Management-Madison was terminated after MacNeil tested positive for marijuana metabolites in violation of Waste Management’s employment policy. MacNeil appeals an order of the circuit court affirming the Labor and Industry Review Commission’s (LIRC) decision that he is ineligible for unemployment insurance benefits under Wis. Stat. § 108.04(5) because he was discharged for misconduct connected with his work. We assume without deciding that due weight deference is appropriate and hold that LIRC’s conclusion is reasonable and a contrary conclusion is not more reasonable. Accordingly, we affirm the circuit court order affirming LIRC’s decision. Not recommended for publication in the official reports.

2011AP837 MacNeil v. Labor and Industry Review Commission, et al.

Dist IV, Dane County, Foust, J., Vergeront, J.

Attorneys: For Appellant: Forberger, Victor, Madison; For Respondent: Nance, David B., Madison; Waste Management-Madison, pro se