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There were two unpublished decisions on unemployment benefits from the Minnesota Court of Appeals this week.  Both cases involve employment misconduct, and show the importance of presenting a strong case at the evidentiary hearing.  Both cases were affirmed.

A13-2222  Pamela L. Ott, Relator, vs. Timberland Partners Management Co. (Corp), Respondent, Department of Employment and Economic Development, Respondent.

Summary:  Relator challenges an unemployment-law judge’s decision that she is ineligible for unemployment benefits because she was discharged for employment misconduct -- intentionally submitting a false report on the status of vacant rental units.  Relator argued that the misconduct in question was a single behavioral incident, which is an "important factor" to consider in determining whether particular conduct rises to the level of employment misconduct.  The Appeals Court concluded that conduct in question was misconduct, because submitting the false report was both deceitful and intentional. We affirm.

A13-2046  Nimco Osman, Relator, vs. Supershuttle International, Inc., Respondent, Department of Employment and Economic Development, Respondent.

Summary:  In this certiorari appeal from the decision of an unemployment-law judge (ULJ) that relator is ineligible for unemployment benefits because she was discharged for employment misconduct -- displaying a pattern of abusive behavior and acting belligerently during a meeting resulting in her termination.  In addition, relator argues that (1) she did not commit employment misconduct; (2) she was denied a fair hearing because the ULJ did not contact her witnesses and permitted the testimony of the employer’s third witness; and (3) the employer’s witnesses lied.  The Appeals Court affirmed/

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.

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. 


 


Comments

10/08/2016 11:23am

This case on unemployment benefit is streatching out way to long than imagined. I would like to know the verdict to it fast! I am so running out of patience on this one.

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