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WI DEPT. WORKFORCE DEV. v. WI LABOR & IND.

No. 2016AP1365.

914 N.W.2d 625 (2018)

2018 WI 77

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

Supreme Court of Wisconsin.

Opinion Filed: June 26, 2018.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner, there were briefs filed by Ryan J. Walsh , chief deputy solicitor general, Brad D. Schimel , attorney general, Misha Tseytlin , solicitor general, and Kevin M. LeRoy , deputy solicitor general. There was an oral argument by Ryan Walsh.

For the defendant-appellant, there was a brief filed by Jeffrey J. Shampo and Wisconsin Labor and Industry Review Commission, Madison. There was an oral argument by Jeffrey J. Shampo.

There was an amicus curiae brief filed on behalf of Wisconsin Institute for Law & Liberty, Inc. by Thomas C. Kamenick , Richard M. Esenberg , and Wisconsin Institute for Law & Liberty, Inc., Milwaukee.

¶ 1 Valerie Beres was denied unemployment compensation benefits on the ground that she was terminated for engaging in "misconduct" as an employee, namely absenteeism, as defined by Wis. Stat. § 108.04(5)(e) (2015-16).1 The statute sets forth...

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