DEPT. OF WORKFORCE v. LABOR AND INDUS.

Appeal No. 2016AP1365.

895 N.W.2d 77 (2017)

2017 WI App 29

WISCONSIN DEPARTMENT OF WORKFORCE DEVELOPMENT, Plaintiff-Respondent, v. WISCONSIN LABOR AND INDUSTRY REVIEW COMMISSION, Defendant-Appellant, Valarie Beres and Mequon Jewish Campus, Inc., Defendants.

Court of Appeals of Wisconsin.

Opinion Filed: March 8, 2017.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Jeffrey J. Shampo of Labor and Industry Review Commission, Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Daniel J. LaRocque and Christina L. Galinat of Wisconsin Department of Workforce Development, Madison.

Before Neubauer, C.J., Reilly, P.J., and Gundrum, J.


¶ 1 This case addresses eligibility for unemployment benefits when an employer has terminated an employee for misconduct due to absenteeism. The Wisconsin Department of Workforce Development (DWD) challenges the Labor and Industry Review Commission's (LIRC) interpretation of the absenteeism statute, WIS. STAT. § 108.04(5)...

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