Unemployment insurance claimants in Wisconsin now have to wait one week after their separation of employment for their unemployment benefits to begin. Employers and the unemployment trust fund will likely save a great deal of money because of this change, which appeared in this year's budget bill rather than as a result of formal proposal, bill, or recommendation from the UI Advisory council, a committee with both management and employee representatives charged with making legislative recommendations and insuring state compliance with federal laws. The practical effect of this change is that it will prevent workers with temporary layoffs from claiming and receiving unemployment benefits during short layoffs lasting less than one week.
Misconduct in unemployment insurance cases was defined in a 1941 case called Boynton Cab Company v. Neubeck, in which the Wisconsin Supreme Court held that:
As is often the case with unemployment benefits, it depends on the circumstances. In Wisconsin, the presumption is that if an employee quits his job, he is not entitled to unemployment insurance benefits. However, there are some exceptions. As discussed in a previous post, an employee who attempts to protect his job and still must quit because he is charged with caring for a sick relative can qualify for benefits.
Probably not. Terminated employees are typically entitled to unemployment insurance benefits. The primary exception to this rule is when the employee is discharged for "misconduct". Misconduct has been defined and redefined as an intentional and substantial disregard of the employer's interests. Employers bear the burden of proving to the State that the employee engaged in misconduct and therefore should not be permitted benefits. The unemployment insurance system is in place to protect employees who lose their job to no fault of their own, but employees who are deemed to have engaged in misconduct are found to be at fault for their own job loss and are therefore disqualified from benefits.