Restoration Rights – Back Pay

Listen to this article

WI Court of Appeals – District IV

Case Name: Andrew T. Murphy v. State of Wisconsin Employment Relations Commission, et al.

Case No.: 2017AP1488

Officials: Lundsten, P.J., Kloppenburg and Fitzpatrick, JJ.

Focus: Restoration Rights – Back Pay

The Wisconsin Employment Relations Commission (WERC) issued an order refusing to “restore” Andrew Murphy to three positions following a layoff and denying him back pay with respect to a fourth position to which he should have been restored. The circuit court affirmed. On appeal, Murphy argues that: (1) WERC erred in concluding that Murphy was unqualified for the three positions to which he applied and was denied restoration; and (2) Murphy was entitled to back pay as a remedy for being denied restoration to a fourth position to which he applied and for which he was qualified. We conclude that substantial evidence in the record supports WERC’s determination that Murphy was unqualified for the three positions to which he applied and was denied restoration. We also conclude that, under controlling law, Murphy was not entitled to back pay as a remedy for being denied his restoration rights as to the fourth position. Therefore, we affirm.

Full Text

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.