Unemployment Benefits

By: Derek Hawkins//May 9, 2017//

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WI Supreme Court

Case Name: Lela M. Operton v. Labor and Industry Review Commission

Case No.: 2017 WI 46

Focus: Unemployment Benefits

We conclude that LIRC incorrectly denied Operton unemployment benefits. Operton was entitled to unemployment benefits because her actions do not fit within the definition of substantial fault as set forth in Wis. Stat. § 108.04(5g)(a)(2013-14)3. Stated more fully, Operton was terminated for committing “One or more inadvertent errors” during the course of her employment, and therefore pursuant to Wis. Stat. § 108.04(5g)(a)2., she was not terminated for substantial fault. We further conclude that, as a matter of law, Operton’s eight accidental or careless cash-handling errors over the course of 80,000 cash-handling transactions were inadvertent.

Accordingly, we affirm the court of appeals and remand to LIRC to determine the amount of unemployment compensation Operton is owed.

Affirmed

Concur: Abrahamson, Bradley, Ziegler, Gablemen, Kelly

Dissent:

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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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