By: Derek Hawkins//November 28, 2018//
WI Court of Appeals – District IV
Case Name: Rachel Koester, et al. v. Wisconsin Employment Relations Commission
Case No.: 2017AP1208
Officials: Lundsten, P.J., Blanchard and Fitzpatrick, JJ.
Focus: Sufficiency of Evidence
Rachel Koester and Justyn Witscheber appeal a circuit court order reviewing decisions of the Wisconsin Employment Relations Commission.
Witscheber argues that the commission erred by disregarding evidence that Sergeant L. herself “opened the door” to some of Witscheber’s harassment by making jokes herself about her shortness or by telling sexually related stories. Witscheber does not explain how these acts by Sergeant L. would permit him to make similar jokes or comments. The commission found that Witscheber forwarded inappropriate email messages. Witscheber argues that there is insufficient evidence to show that the messages violated department rules. However, he does not identify the rule at issue or explain its content.
Witscheber argues that the commission erred by briefly noting in its discussion of just cause that his conduct “may well have played a role in Officer Z’s suicide.” His argument is the same as Koester’s above, and we reject it for the same reason. Witscheber argues that the commission’s findings that he lied during the investigation do not justify discharge. However, as is clear from the above discussion, that conduct was not the sole basis for his discharge. Within that context, Witscheber does not argue that his lying was an improper factor to be considered as one among several. Therefore, Witscheber has not shown that the commission erred. We affirm.