There was only one unemployment decision from the Minnesota Court of Appeals this week, but the decision is noteworthy because it was reversed and the applicant was awarded unemployment benefits.  Here is the summary:   

A13-1815   Cynthia Stephen, Relator, vs. Pro Pilots, LLC, Respondent, Department of Employment and Economic Development, Respondent.

Relator Cynthia Stephen petitions for certiorari review of the determination of the unemployment law judge (ULJ) that each of the following constituted employment misconduct: (1) relator’s failure to provide “proper notice” to respondent Pro Pilots, LLC (employer) of her illness-related absences, and (2) relator’s “negligent” work performance.

We reverse because the ULJ erred in concluding that relator’s illness-related absences constitute employment misconduct and in determining that relator’s poor work performance was employment misconduct. Because we reverse on purely legal grounds, we do not reach relator’s arguments regarding the ULJ’s factual findings and credibility determinations.

If you are denied unemployment benefits, or are an employer who wants to challenge a former employee's eligibility for benefits, your best bet is to meet with an attorney who handles unemployment appeals to discuss your options.  To that end, I represent both applicants and employers in unemployment appeals.  Please call (763) 450-9494 today to set up an appointment to discuss your situation.

PLEASE NOTE: I will be on vacation next week and unable to post my weekly update, so the summary of decisions released on July 21, 2014 will be delayed until at least July 28, 2014.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  Also, Tim is licensed only in state and federal courts in Minnesota.  As such, any information provided in this blog post pertains only to those jurisdictions.  Further, you should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.



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