By: Derek Hawkins//March 14, 2017//
WI Court of Appeals – District II
Case Name: Wisconsin Department of Workforce Development v. Wisconsin Labor and Industry Review Commission, et al
Case No.: 2016AP13565
Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.
Focus: Statutory Interpretation – Unemployment Benefit Eligibility
This case addresses eligibility for unemployment benefits when an employer has terminated an employee for misconduct due to absenteeism. The Wisconsin Department of Workforce Development (DWD) challenges the Labor and Industry Review Commission’s (LIRC) interpretation of the absenteeism statute, WIS. STAT. § 108.04(5)(e) (2015-16). Given our standard of review, we uphold LIRC’s interpretation of § 108.04(5)(e) as reasonable and reverse the circuit court.
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