 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Board of Regents of the University of Wisconsin System v. State6/28/2002
. However, Sroka fully informed Brenon of the seriousness of his conduct at their meeting. Sroka then provided Brenon with an opportunity to respond and then warned him that his conduct must stop. Sroka informed Brenon that he was then going to talk with Clark about the meeting. Brenon later met with Clark, attempting to persuade Clark to change the disciplinary decision. Clark testified that he made the ultimate decision on discipline. Further, the fact that Clark met with Brenon indicates that Clark was willing to at least consider Brenon's explanation and change his disciplinary decision. Indeed, additional notice may have provided Brenon with more time to prepare. Further, under these facts, a different reasonable interpretation could have been reached by the Commission. However, we conclude that the Commission's decision had a rational basis. Based on the above facts, the Commission could conclude that UWM had a reasonable basis to issue a ten-day suspension against Brenon. We therefore uphold this determination.
. The Commission also denied the application for fees and costs as it related to the subject of discharge. It concluded that UWM was substantially justified in taking its position in light of representations from co-workers that Brenon was continuing to engage in inappropriate behavior. The Commission noted that some of these allegations were not corroborated; however, it held that UWM had no reason to doubt the reliability of these allegations at the time of the discharge. The allegations, it concluded, came from various sources and were consistent with Brenon's past behavior. Thus, UWM acted reasonably by taking steps to discharge Brenon because "discharge was the next step in the progressive discipline process . . . ."
. Brenon contends that UWM was not substantially justified in taking this position, but does not significantly develop this argument. In essence, he argues that because the initial suspension was not justified and was excessive, termination was clearly inappropriate. He also asserts that termination was not necessarily the next step in the progressive discipline. As a result, termination was not justified.
. Again, applying great weight deference, we conclude that the decision by the Commission must be upheld. UWM's subsequent investigation of Brenon's conduct after it issued the suspension revealed several of his co-workers, in particular two female cadets, had serious complaints about Brenon's inappropriate conduct. In its decision to terminate, UWM also relied on the inappropriateness of the comments in light of Brenon's supervisory position. Again, in light of these facts and the other facts relied on by the Commission, we cannot conclude that the Commission's decision on this issue was without any rational basis. The decision to terminate, in the wake of the ten-day suspension, was reasonable. We therefore deny Brenon's request for fees and costs as it relates to the decision on discharge as well.
IV.
. In conclusion, we reverse in part and affirm in part the decision of the circuit court. We reverse the circuit court's decision on the after-acquired evidence issue. As a result, we conclude that the Commission properly denied admission to UWM's evidence showing prior misconduct by Brenon to support its argument that his back pay should be limited. Notice of such misconduct was required before such evidence could be introduced. We affirm the circuit court's decision denying costs and fees to Brenon. The Commission correctly determined that UWM was substantially justified in suspending Brenon and in terminating him. We uphold these determinations.
By the Court. -- The decision of the circuit court is rev
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 Wisconsin Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|