DeBoer Transportation, Inc. v. Swenson, 335 Wis. 2d 599

804 N.W.2d 803 (2011) · Supreme Court of Wisconsin · July 12, 2011 · No. 2010AP2520

Summary

The Wisconsin Supreme Court reviewed whether deBoer Transportation had reasonable cause under Wis. Stat. § 102.35(3) to refuse to rehire Charles Swenson after his work-related injury. The court held that the Labor and Industry Review Commission applied an unreasonable interpretation of the statute by requiring the employer to modify a legitimate, longstanding safety policy to accommodate Swenson's personal caregiving obligations. The court also concluded that LIRC's finding that the safety policy was pretextual was not supported by credible and substantial evidence, and affirmed dismissal of Swenson's claim.

Holdings

  1. Section 102.35(3) does not require an employer to change legitimate, long-standing, and universally applied safety policies to assist an injured employee in meeting personal obligations. LIRC therefore unreasonably interpreted and applied the statute by treating DeBoer's failure to modify its check-ride policy as defeating reasonable cause.
  2. LIRC's finding that DeBoer's check-ride requirement was pretext for an injury-related refusal to rehire was not supported by credible and substantial evidence.
  3. Swenson was not entitled to back pay because DeBoer had reasonable cause to refuse to rehire him.

Questions Presented

  1. Whether LIRC unreasonably interpreted Wisconsin Statutes section 102.35(3) by requiring DeBoer to explain why it could not modify its long-standing check-ride policy to accommodate Swenson's personal caregiving obligations.
  2. Whether LIRC's finding that DeBoer's check-ride policy was pretext for refusing to rehire Swenson was supported by credible and substantial evidence.
  3. Whether Swenson was entitled to back pay under section 102.35(3).

Disposition

affirmed

Cases Cited (16)

  • County of Dane v. LIRC, 2009 WI 9, 315 Wis. 2d 293, 759 N.W.2d 571(followed)
  • Ray Hutson Chevrolet, Inc. v. LIRC, 186 Wis. 2d 118, 519 N.W.2d 713 (Ct. App. 1994)(followed)
  • Begel v. LIRC, 2001 WI App 134, 246 Wis. 2d 345, 631 N.W.2d 220(followed)
  • Clean Wisconsin, Inc. v. Public Service Commission of Wisconsin, 2005 WI 93, 282 Wis. 2d 250, 700 N.W.2d 768(followed)
  • Kuhnert v. Advanced Laser Machining, Inc., 2011 WI App 23, 331 Wis. 2d 625, 794 N.W.2d 805(followed)
  • Brown v. LIRC, 2003 WI 142, 267 Wis. 2d 31, 671 N.W.2d 279(followed)
  • State v. Aufderhaar, 2005 WI 108, 283 Wis. 2d 336, 700 N.W.2d 4(followed)
  • Volvo Trucks North America v. DOT, 2010 WI 15, 323 Wis. 2d 294, 779 N.W.2d 423(followed)
  • West Allis School District v. DILHR, 116 Wis. 2d 410, 342 N.W.2d 415 (1984)(followed)
  • West Bend Co. v. LIRC, 149 Wis. 2d 110, 438 N.W.2d 823 (1989)(followed)

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