This week there was one decision on unemployment benefits from the Minnesota Court of Appeals.  The case highlights the law that an applicant is not eligible for unemployment benefits if that applicant was discharged for employment misconduct, unless an exception applies.  Without further ado, here is the summary:

A14-1168, Keith G. Lassiter, Relator, vs. The Bulldog Restaurant NE, Inc., Respondent, Department of Employment and Economic Development,Respondent.

Relator challenges the decision of the unemployment-law judge (ULJ) that he was discharged for employment misconduct, arguing that (1) the ULJ failed to make the required credibility findings, (2) the evidence does not substantially support the ULJ’s findings, (3) the ULJ failed to adequately develop the record, and (4) his conduct reflects only an error in judgment.

Relator worked as a bouncer, and the misconduct in this case was physically touching a customer in violation of his employer's policy.  Relator had previously violated the no-contact policy and had been disciplined for it.  As such, the ULJ found that Relator had committed employment misconduct, and was not eligible for unemployment benefits.  The Court of Appeals affirmed the denial.

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.  



01/06/2015 11:22am

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