Statutory Interpretation – Unemployment Benefit Eligibility

By: Derek Hawkins//March 14, 2017//

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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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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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