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WEHR STEEL CO. v. ILHR DEPT.

No. 80-1393.

106 Wis.2d 111 (1982)

315 N.W.2d 357

THE WEHR STEEL COMPANY, Petitioner-Appellant, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS, Thomas Du Charme, George E. Purifoy and Walter L. Breedlove, Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided February 2, 1982.

Attorney(s) appearing for the Case

For the Department of Industry, Labor and Human Relations the cause was argued by Robertamarie Kiley, attorney, with whom on the briefs was James L. Pflasterer, legal staff director.

For the appellant there was a brief by Marshall R. Berkoff, Thomas W. Scrivner and Michael, Best & Friedrich of Milwaukee, and oral argument by Mr. Scrivner.

Amicus curiae brief was filed by James G. Derouin, Richard J. Lewandowski and DeWitt, Sundby, Huggett & Schumacher, S.C., of Madison, for Wisconsin Association of Manufacturers and Commerce.

Modifying and affirming 102 Wis.2d 480, 307 N.W.2d 302.

STEINMETZ, J.

The issue in this case is what test or standard is to be applied in determining whether the total circumstances of a record demonstrate an employee's leaving work without permission of the employer is conduct which is misconduct under the meaning of sec. 108.04(6)(a), Stats.1

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