A Wisconsin Administrative Law Judge affirmed the Wisconsin Department of Workforce Development’s initial determination that a truck driver was entitled to unemployment benefits. Attorney Danielle Schroder represented the employee in the hearing on the matter. The employer Waste Management cited multiple incidents, including an accident with a parked vehicle, striking an awning, sideswiping a building, and damaging a PVC pipe, as the basis for the employee’s discharge. It argued that such conduct amounted to “misconduct” or “substantial fault” under Wisconsin unemployment law. The employee maintained all of the incidents were accidental, inadvertent errors which did not cause substantial damage to the employer’s property. The Appeal Tribunal sided with the employee and affirmed his eligibility for unemployment benefits.
The Appeal Tribunal’s decision may be found here.
Hawks Quindel, S.C.