Michael J. Waldvogel Trucking, LLC v. State Labor & Indus. Review Comm'nAnnotate this Case
Employee was employed by Employer as a driver. Due to lack of work, Employee was laid off indefinitely. Three months later, Employer recalled Employee. Employee was required to submit to a pre-employment drug test, to which he tested positive. Subsequently, Employer discharged Employee. The Labor and Industry Review Commission determined that Employee was eligible for unemployment benefits after rejecting Employer's argument that Employee was discharged for misconduct connected with his work under Wis. Stat. 108.04(5). The court of appeals reversed. The Supreme Court granted review but dismissed it as improvidently granted, concluding that a decision by the Court in the instant case would not develop or clarify the law, as a Wis. Stat. 108.04(8)(b), enacted while the case was proceeding, clarified that an employee is ineligible for benefits if the employer withdraws or fails to extend an offer of work due to a positive test result for illegal drugs.