A circuit court judge has upheld a decision by the Wisconsin Labor and Industry Review Commission that the Oconomowoc Area School District improperly fired two employees in 2016.
Gregory and Jeff Cota, who are brothers, were accused of stealing proceeds of a district scrap metal recycling program.
Judge Lloyd Carter on June 1 agreed with the commission's decision.
The district originally suspended the brothers after an internal investigation, and then fired them after police cited them for theft following a police investigation.
Carter's decision came after the district appealed the commission's decision to Waukesha County Circuit Court in August 2021.
The commission said in its July 2021 decision its decision was based on the Wisconsin Fair Employment Act, which "prohibits an employer from engaging in any act of employment discrimination against any individual on the basis of arrest record."
The commission had ordered the Cotas to be reinstated to positions equivalent to what they held before they were fired, with seniority rights and benefits, as well as back pay and more than $83,000 in attorneys' costs and fees.
The Cotas' attorney, Alan C. Olson, was not available for comment. His office said he was out of the office for the week.
Oyvind Wistrom, an attorney for the Oconomowoc Area School District, said he was disappointed with the court's ruling and that an appeal was being planned.
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