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Employment — unemployment compensation — misconduct

By: WISCONSIN LAW JOURNAL STAFF//February 23, 2012//

Employment — unemployment compensation — misconduct

By: WISCONSIN LAW JOURNAL STAFF//February 23, 2012//

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Wisconsin Court of Appeals

Civil

Employment — unemployment compensation — misconduct

The Labor and Industry Review Commission (LIRC) appeals the circuit court’s order reversing LIRC’s decision that Bradley Brandt’s discharge from his employment was not for misconduct connected with his employment. Brandt was discharged after a hair sample test conducted by his employer concluded that Brandt had used cocaine in violation of a “second chance” agreement that Brandt entered with his employer. LIRC declined to accept the hair sample test as evidence that Brandt violated the agreement. For reasons we explain below, we reverse the order of the circuit court and remand to the circuit court with directions to vacate LIRC’s decision and remand to LIRC for further proceedings consistent with this opinion. Not recommended for publication in the official reports.

2011AP986 Scot Forge Company v. Labor and Industry Review Commission

Dist IV, Rock County, Welker, J., Vergeront, J.

Attorneys: For Appellant: Nance, David B., Madison; Sample, William S., Madison; For Respondent: Lubinsky, Lori M., Madison

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