By: Derek Hawkins//July 27, 2016//
WI Court of Appeals – District IV
Case Name: Catherine Leaverton v. Department of Workforce Devleopment, et al
Case No.: 2015AP2080
Officials: Kloppenburg, P.J., Lundsten and Blanchard, JJ.
Focus: Retaliation Termination
Catherine Leaverton appeals the circuit court order affirming a decision by the Equal Rights Division of the Department of Workforce Development. The Division concluded that the Department of Veterans Affairs did not retaliate against Leaverton in violation of WIS. STAT. § 230.83 (2013-14), a provision of Wisconsin’s whistleblower law, when the Department of Veterans Affairs laid Leaverton off. Leaverton argues that the Division erroneously concluded that she was not entitled to the presumption of retaliation under WIS. STAT. § 230.85(6) and asks this court, for that reason, to reverse and remand the matter to the Division “to enter a finding that [the Department of Veterans Affairs] unlawfully terminated her employment.” We conclude that, regardless of whether Leaverton was entitled to the statutory presumption of retaliation, Leaverton must show that the Division’s finding—that the Department of Veterans Affairs did not retaliate against Leaverton when it laid her off—is not supported by substantial evidence and Leaverton utterly fails in this regard. More specifically, Leaverton fails to show that the Division’s finding that the elimination of her position was solely the result of a reorganization not related to any action of Leaverton, is not supported by substantial evidence. Accordingly, we affirm.