Employment — unemployment benefits — voluntary termination

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Wisconsin Court of Appeals

Civil

Employment — unemployment benefits — voluntary termination

A failure to sign an employee disciplinary form is never an automatic quit without good cause when signing would not constitute an admission of conduct, and that this situation always requires a good cause inquiry into whether the employee knew signing would not be an admission.

“We conclude the Commission’s novel approach on appeal is the most reasonable application of WIS. STAT. § 108.04(7). It paves a middle ground between the two divergent paths the Commission has followed in past cases—both of which neglected required inquiries—and preserves the rights of both employers and employees. We reject Kierstead’s contention that it is improper or unnecessary for employers to obtain a signature on a disciplinary warning document as a record that the employee was in fact presented with, and had an opportunity to dispute, allegations of unsatisfactory performance or conduct. At the same time, all of the Commission decisions cited herein are consistent with the notion that it is unacceptable to discharge an employee who fails to sign a document actually admitting conduct that the employee denies. It would be similarly unreasonable to penalize employees who mistakenly believe they are being compelled to incriminate themselves. In that situation, failure to sign constitutes good cause attributable to the employer under § 108.04(7)(b).”

Reversed.

Recommended for publication in the official reports.

2011AP938 Kierstead v. LIRC

Dist. III, Eau Claire County, Schumacher, J., Hoover, J.

Attorneys: For Appellant: Shampo, Jeffrey J., Madison; For Respondent: Dittmar, Carol S., Chippewa Falls