Failure to Comply with Facially Reasonable and Uniformly Applied Policy Reasonable Cause for Termination
A worker, Swenson, sustained a work injury and was returned to work at full duty after he recovered. The employer, DeBoer Transportation, required him to complete a road test as a condition for re-employment, which he refused on the grounds that he needed to care for his ailing father at night. The employer terminated Swenson for refusing to complete the road test, and Swenson then sought an unreasonable refusal to rehire penalty against the employer pursuant to Wis. Stat. §102.35(3). The Labor and Industry Review Commission (“LIRC”) held that the employer did not demonstrate that accommodating Swenson would have compromised safety or been a financial burden and, therefore, failed to show “reasonable cause” for its refusal to rehire him, as required by §102.35(3). The employer appealed, the circuit court affirmed, and the employer appealed to the court of appeals. The court of appeals reversed, holding that the LIRC relied upon an incorrect interpretation of the reasonable cause standard in Wis. Stat. §102.35(3). Swenson then appealed to the Wisconsin supreme court.
The supreme court affirmed, holding that the reasonable cause standard in §102.35(3) does not contemplate requiring employers to either deviate from a facially reasonable and uniformly applied policy, or explain why it would be burdensome to do so, when a returning employee requests a deviation to accommodate a non-work and non-injury-related personal need.
DeBoer Transportation, Inc. v. Swenson 2011 WI 64 (2009AP564) Supreme Court opinion
