By: WISCONSIN LAW JOURNAL STAFF//April 15, 2014//
Wisconsin Court of Appeals
Civil
Employment — unemployment insurance
Where two jail guards were suspended for good cause, they are not entitled to unemployment insurance benefits.
“A common sense reading of the statute dictates that Carrington-Field and Webster were indeed suspended for good cause based on conduct connected with their work. Carrington-Field failed to perform an inmate check — clearly an essential function of a corrections officer. The failure led to the delayed discovery of an inmate death, which might have been prevented had the check occurred in a timely manner. Webster’s timely arrival at her place of employment is clearly an important requirement for a corrections officer who must relieve other officers at the conclusion of their shifts. Although two tardy appearances may not ultimately be held by the PRB to justify termination (the record does not disclose the amount of tardiness or its cause), timely reporting for duty is nonetheless conduct connected with Webster’s work. Based on the facts in this record, LIRC’s conclusion that these employees’ suspensions did not result from good cause connected with their work is based on an erroneous statutory interpretation.”
Reversed and Remanded.
Recommended for publication in the official reports.
2013AP1613 Milwaukee County v. LIRC
Dist. I, Milwaukee County, Pocan, J., Kessler, J.
Attorneys: For Appellant: Carroll, James Matthew, Milwaukee; For Respondent: Shampo, Jeffrey J., Madison; Cooper, Jefferson, Brookfield