LRBa1623/1
JTK:cjs:ph
2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO 2011 ASSEMBLY BILL 310
October 18, 2011 - Offered by Representative Ballweg.
AB310-AA1,1,11 At the locations indicated, amend the bill as follows:
AB310-AA1,1,2 21. Page 7, line 18: after that line insert:
AB310-AA1,1,3 3" Section 8e. 108.04 (5) of the statutes is amended to read:
AB310-AA1,2,104 108.04 (5) Discharge for misconduct. Unless sub. (5g) results in
5disqualification, an
An employee whose work is terminated by an employing unit for
6misconduct connected with the employee's work is ineligible to receive benefits until
77 weeks have elapsed since the end of the week in which the discharge occurs and
8the employee earns wages after the week in which the discharge occurs equal to at
9least 14 times the employee's weekly benefit rate under s. 108.05 (1) in employment
10or other work covered by the unemployment insurance law of any state or the federal
11government. For purposes of requalification, the employee's weekly benefit rate
12shall be that rate which would have been paid had the discharge not occurred. The
13wages paid to an employee by an employer which terminates employment of the

1employee for misconduct connected with the employee's employment shall be
2excluded from the employee's base period wages under s. 108.06 (1) for purposes of
3benefit entitlement. This subsection does not preclude an employee who has
4employment with an employer other than the employer which terminated the
5employee for misconduct from establishing a benefit year using the base period
6wages excluded under this subsection if the employee qualifies to establish a benefit
7year under s. 108.06 (2) (a). The department shall charge to the fund's balancing
8account any benefits otherwise chargeable to the account of an employer that is
9subject to the contribution requirements under ss. 108.17 and 108.18 from which
10base period wages are excluded under this subsection.
AB310-AA1, s. 8f 11Section 8f. 108.04 (5g) of the statutes is repealed.
AB310-AA1, s. 8g 12Section 8g. 108.04 (6) of the statutes is repealed and recreated to read:
AB310-AA1,2,2213 108.04 (6) Discharge or suspension for knowing violation of certain work
14rules or policies.
(a) Unless sub. (5) results in disqualification, an employee who
15is discharged for a knowing violation of a reasonable and uniformly enforced rule or
16policy of the employer, when reasonably applied, is ineligible to receive benefits until
176 weeks have elapsed since the end of the week in which the discharge occurs and
18the employee earns wages after the week in which the discharge occurs equal to at
19least 6 times the employee's weekly benefit rate under s. 108.05 (1) in employment
20or other work covered by the unemployment insurance law of any state or the federal
21government. For purposes of requalification, the employee's weekly benefit rate is
22the rate that would have been paid had the discharge not occurred.
AB310-AA1,2,2423 (b) To find that an employee engaged in a single, knowing violation of a rule or
24policy of the employer, the department must find that:
AB310-AA1,3,2
11. The employee knew or should have known of the rule or policy because it was
2effectively communicated to the employee;
AB310-AA1,3,33 2. The employee's conduct violated the rule or policy; and
AB310-AA1,3,44 3. The employee was aware that he or she was engaged in such conduct.
AB310-AA1,3,145 (c) In determining whether a rule or policy was effectively communicated to the
6employee under par. (b) 1. the department may consider the manner in which the rule
7or policy was communicated. If the department considers the manner in which the
8rule or policy was communicated, the department shall consider evidence of the
9employer's actions, including posting of the rule or policy within the employer's
10premises at a place likely to be observed by employees, explanation of the rule or
11policy at a training or orientation session, verbal explanation of the rule or policy to
12the employee, a warning or other disciplinary action in relation to the rule or policy,
13distribution of a document to the employee containing a statement of the rule or
14policy and evidence of the employee's receipt of such a document.
AB310-AA1,3,1715 (d) If a violation of a rule or policy under par. (a) requires an intentional act,
16the department shall determine whether the employee intended to violate the rule
17or policy.
AB310-AA1,3,2218 (e) To find that a rule or policy instituted by an employer is reasonable, the
19department must find that the rule or policy furthers the employer's lawful business
20interest. The department may find that a rule or policy is reasonable on its face. If
21evidence is offered to demonstrate that a rule or policy is unreasonable, the
22department may consider whether:
AB310-AA1,3,2423 1. The rule or policy is reasonable in light of the employer's lawful business
24interest; or
AB310-AA1,4,2
12. There is a clear relationship between the rule or policy, the conduct
2regulated, and the employer's lawful business interest.
AB310-AA1,4,53 (f) To find that a rule or policy of an employer is uniformly enforced, the
4department must find that similarly situated employees who are subject to the rule
5or policy are treated in a similar manner when a rule or policy is violated.
AB310-AA1,4,76 (g) To find that a rule or policy of an employer is reasonably applied, the
7department must find that:
AB310-AA1,4,98 1. The adverse personnel action taken by the employer is appropriate in light
9of the violation of the rule or policy and the employer's lawful business interest; and
AB310-AA1,4,1110 2. There were no compelling circumstances that would have prevented the
11employee from adhering to the rule or policy.
AB310-AA1,4,1512 (h) An employee who is suspended rather than discharged for a violation under
13par. (a) is ineligible to receive benefits until 3 weeks have elapsed since the end of the
14week in which the suspension occurs or until the suspension is terminated,
15whichever occurs first.
AB310-AA1,4,1816 (i) This subsection does not preclude an employee from establishing a benefit
17year during a period in which the employee is ineligible to receive benefits if the
18employee qualifies to establish a benefit year under s. 108.06 (2) (a).".
AB310-AA1,4,19 192. Page 13, line 13: after that line insert:
AB310-AA1,4,20 20" Section 27n. 108.141 (3g) (d) of the statutes is amended to read:
AB310-AA1,5,621 108.141 (3g) (d) Notwithstanding s. 108.04 (6) and (7), a claimant who was
22disqualified from receipt of benefits because of voluntarily terminating employment
23or incurring a disciplinary suspension for good cause being discharged for or
24incurring a disciplinary suspension for a knowing violation of a work rule or policy


1is ineligible to receive extended benefits for the week in which the termination occurs
2or the suspension begins and for each week thereafter until he or she has again been
3employed during at least 4 subsequent weeks in employment or other work covered
4by the unemployment insurance law of any state or the federal government and
5earned wages for such work equal to at least 4 times his or her weekly extended
6benefit rate.".
AB310-AA1,5,7 73. Page 14, line 3: after that line insert:
AB310-AA1,5,8 8" Section 30m. 108.16 (6m) (a) of the statutes is amended to read:
AB310-AA1,5,119 108.16 (6m) (a) The benefits thus chargeable under s. 108.04 (1) (f), (5), (5g),
10(7) (h), (8) (a), (13) (c) or (d) or (16) (e), 108.07 (3), (3r), (5) (b), (5m), (6), or (8), 108.14
11(8n) (e), 108.141, 108.151, or 108.152 or sub. (6) (e) or (7) (a) and (b).".
AB310-AA1,5,12 124. Page 19, line 11: after that line insert:
AB310-AA1,5,16 13"(2g) The treatment of sections 108.04 (5), (5g), and (6), 108.141 (3g) (d), and
14108.16 (6m) (a) of the statutes first applies with respect to discharges and
15suspensions occurring on the first Sunday that follows the 90th day beginning after
16the effective date of this subsection.".
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