Unemployment Benefits – Termination

By: Derek Hawkins//February 8, 2017//

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WI Court of Appeals – District IV

Case Name: Paulina S. Easterling v. Labor and Industry Review Commission, et al

Case No.: 2016AP190

Officials: Kloppenburg, P.J., Sherman and Blanchard, JJ.

Focus: Unemployment Benefits – Termination

Paulina S. Easterling appeals a circuit court order that affirmed the decision of the Labor and Industry Review Commission (LIRC) denying Easterling’s claim for unemployment benefits on the basis of substantial fault. As pertinent to our resolution of this appeal, LIRC based its decision on a finding that the conduct of Easterling that resulted in her termination was intentional, and not an “inadvertent error[],” as that phrase is used in WIS. STAT. § 108.04(5g) (2015-16).1 For the reasons discussed below, we reverse the order of the circuit court and remand for further proceedings.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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