119.3 State court decisions

Where the examiner placed a proceeding in abeyance, directing that a circuit court action pending between the same parties would, when a decision was issued, be given res judicata effect unless the losing party submitted persuasive written authority to the examiner to the contrary within 20 days after the issuance of the decision, it was appropriate for the examiner to thereafter decide the case on the basis of the circuit court decision when it was issued, when the Complainant submitted no argument or authority to the examiner within 20 days after that date as to why the decision should not be given res judicata effect. Kloth v. Schultz (LIRC, 03/27/86).

A decision on the merits of a wrongful discharge suit in circuit court, in which the court concluded that the Respondent had just cause to terminate the Complainant, should be accorded collateral estoppel effect to preclude the Complainant from asserting before the Equal Rights Division that his discharge was based on discriminatory grounds. Welch v. LIRC (Marathon Co. Cir. Ct., 04/15/85).

A reviewing court’s finding in a separate proceeding that there was just cause for dismissing an employee did not preclude a finding by an Equal Rights examiner that the employer retaliated against the employee where the court did not consider the employer’s motives for dismissing the employee. Hennekens v. River Falls Police Dept. (LIRC, 01/29/85).

A complaining police officer is not entitled to reassert charges under the Act which have already been fully litigated under another Chapter before the Circuit Court. State of Wis. ex. rel. City of Racine Police Dept. v. DILHR (Racine Co. Cir. Ct., 09/11/84).

Where an employee filed both a civil service appeal and a complaint of discrimination regarding the same parties and presenting the same issue, a final decision on the merits of the civil service appeal acts to bar the complaint of discrimination. Jacobson v. DILHR (Wis. Pers. Comm'n, 06/03/81).