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There was only one decision this week on unemployment benefits from the Minnesota Court of Appeals. The decision stands for the proposition that an applicant commits unemployment misconduct by punching another employee in the head and causing that employee to have a concussion. Still, the decision was remanded in part for specific findings on whether the conduct in question constituted aggravated misconduct. Without further ado, here is the summary:

A16-0050: Debra Barrett, Relator, vs. Jourdain/Perpich Extended Care Facility, Inc., Respondent, Department of Employment and Economic Development, Respondent.

In this unemployment-compensation appeal, relator challenges a determination by an unemployment-law judge (ULJ) on reconsideration that relator is ineligible for unemployment benefits because she was discharged from her employment for employment misconduct. The misconduct in question was punching another employee in the head and causing that employee to have a concussion.

The Court of Appeals upheld the determination by the unemployment law judge that the conduct in question was employment misconduct, but rain remanded the case  back to the Department of Employment and Economic Development for a determination by the unemployment law judge whether the  misconduct was aggravated and could be a crime under Minnesota law.

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.



 


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