Sufficiency of Evidence

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WI Court of Appeals – District IV

Case Name: TCAT Corporation v. Labor and Industry Review Commission, et al.

Case No.: 2016AP1779

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

Focus: Sufficiency of Evidence

Employer TCAT Corporation, which owns a gas station, appeals a circuit court order affirming a decision of the Labor and Industry Review Commission in favor of Esther Peterson, a former clerk at the gas station, regarding her retaliatory discharge complaint. The employer challenges the Commission’s conclusion that the employer discriminated against Peterson, in violation of the Wisconsin Fair Employment Act, WISCONSIN STAT. §§ 111.31- .395 (2015-16),  by terminating her employment because Peterson informed the employer that she planned to complain to a district attorney about the employer reducing Peterson’s paycheck to cover losses from gas drive-offs.

On appeal, the employer makes three arguments: (1) the Commission improperly considered a portion of Peterson’s administrative hearing testimony, which the Commission should have ignored because Peterson violated a discovery rule; (2) the Commission misinterpreted the fair employment act in concluding that it applies to the facts here; and (3) even if the Commission correctly interpreted the act, the Commission’s decision is not supported by substantial evidence. We reject the employer’s arguments and affirm.

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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.