There was one decision this week on unemployment benefits from the Minnesota Court of Appeals.

A14-1685, Voeurn A. Sandberg, Relator, vs. Zaws, Inc., Respondent, Department of Employment & Economic Development, Respondent.

Relator challenges the unemployment-law judge’s (ULJ) determination that she was ineligible during the period for which she sought benefits because she was not available for or actively seeking suitable employment because she was unwilling to commute more than 15 miles from her home.  The ULJ found that Sandberg’s unwillingness to commute more than 15 miles was “an unreasonable, self-imposed restriction” because suitable employment included employment beyond a 15-mile radius, and denied her benefits because she was not available for or actively seeking suitable employment. Sandberg requested reconsideration, asserting that she is willing to work more than 15 miles from her home, but was again denied.  The Court of Appeals agreed with the ULJ's reasoning and findings, and affirmed the denial of unemployment benefits.


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. 

There was one decision this week on unemployment benefits from the Minnesota Court of Appeals.  The case is unique because the applicant was represented by an attorney, but is ordinary because it stands for the proposition that quitting a job without good reason to quit caused by the employer makes an applicant for unemployment benefits ineligible for such benefits.

There were two decisions this week on unemployment benefits from the Minnesota Court of Appeals.  In the first decision, the Court of Appeals concluded that an applicant quit employment when that applicant applied for unemployment benefits.  The second decision is unique because it addresses the issue of whether an overpayment of unemployment benefits is a debt subject to Revenue Recapture and contains a dissent.

1. A14-1418, Amanulah Dharsee, Relator, vs. Rubber Industries, Inc., Respondent, Department of Employment and Economic Development, Respondent.

Relator challenges the unemployment-law judge’s (ULJ) determination that he is ineligible for unemployment benefits, arguing that he did not have a fair hearing because he did not have an interpreter (although the ULJ continued the hearing so that Relator could obtain an interpreter) and that the ULJ erred in finding that he quit his employment.  Dharsee’s doctor concluded that he was still unable to return to his former position but possibly able to do light-duty work. Dharsee contends that others contacted Rubber Industries on his behalf and learned that no light-duty work was available. In February 2014, Dharsee applied for unemployment benefits, asserting that he had been discharged from his employment. Rubber Industries concluded that Dharsee quit when it received notice of his application for benefits.  The ULJ concluded that Dharsee quit, thereby making him ineligible for unemployment benefits, and the Court of Appeals affirmed the decision.

2. A14-0727, Eunice Smith, Relator, vs. Department of Employment and Economic Development, Respondent.

Relator Eunice Smith challenges a Minnesota Department of Employment and Economic Development (DEED) unemployment law judge’s (ULJ) decision that she owes a debt recoverable under the Minnesota Revenue Recapture Act. Relator argues on appeal that she owes no debt because the November 20 order opinion reversed without remand and therefore eliminated any debt owed to DEED for overpaid benefits. DEED argues that the November 20 order opinion reversed only the fraud penalty and that the remaining debt is properly subject to recapture. Both parties agree that the Minnesota Revenue Recapture Act procedures were followed and that the sole issue on appeal is whether relator owes a debt.

The Court of Appeals ruled that because the November 20 order opinion is unambiguous in reversing relator’s fraud penalty and determining that relator had not appealed or argued the overpayment issue, the law of the case requires the conclusion that a debt exists and that it is recoverable under the Minnesota Revenue Recapture Act.

In dissent, Judge Chutich wrote:

I respectfully dissent because I disagree with the majority about the effect of our previous order dated November 20, 2013. Without attacking that order collaterally, I note that the plain terms of the order unambiguously reversed the unemployment-law judge’s April 16, 2013 decision on reconsideration. The reconsideration order, in turn, reaffirmed an order dated January 7, 2013, in which the unemployment-law judge specifically considered not only the fraud issue, but also the issue of whether Eunice Smith performed 32 hours or more of services in a week.

Moreover, the January 7 order contained language suggesting that it was a consolidation of the previous decision (issued on December 28, 2012) that pertained to the same two issues (fraud and overpayment), but was simply issued to inform Smith of the amount of the fraud penalty.

Finally, in the words of the dissent, "[the] proceeding [i]s an astounding procedural morass," created by the ULJ, the applicant, and the Department itself.  For all of these reasons, the dissent would reverse the decision of the unemployment-law judge that a debt existed that could be subject to revenue recapture.  However, the dissent is just that: the dissent, meaning a disagreement with the majority opinion, and the majority -- not the dissent -- has the final say, expresses the official opinion of the court, and carries the day.

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.  

There were four unpublished decisions on unemployment benefits released by the Minnesota Court of Appeals.  The first three decisions reinforce the rule that an applicant who commits employment misconduct is ineligible for unemployment benefits.  The fourth decision reinforces the rule that quitting a job without good reason caused by the employer makes an applicant ineligible for unemployment benefits.

1. A14-1381 Patricia Medal, Relator, vs. Agassiz Federal Credit Union, Respondent, Department of Employment and Economic Development, Respondent.

By certiorari review, relator challenges the decision of an unemployment-law judge that she is ineligible for unemployment benefits because she was discharged for unemployment misconduct. She argues that the employer failed to provide evidence that she frequently made mistakes or failed to perform her duties; that her conduct was at most unsatisfactory or the result of good-faith errors in judgment; and that she was discharged only after the board of directors was advised of the employer’s unethical conduct. We affirm.

2. A14-0778 Gloria Johnson, Relator, vs. Minneapolis Special School District #001, Respondent, Department of Employment and Economic Development, Respondent.

Relator challenges the unemployment law judge’s (ULJ) decision that she is ineligible for unemployment benefits because she was discharged for employment misconduct, arguing that her conduct constituted ordinary negligence and was not a serious violation of the standards of behavior expected by her employer. The misconduct in this case was that the Relator, a school-bus driver, twice did not complete a required walk-through and left special-needs children on the bus after completing her route.  Because substantial evidence supports the ULJ’s decision that relator was discharged for employment misconduct, we affirm.

3.A14-1302 Jayne M. Eiden-Kellam, petitioner, Relator, vs. Mayo Clinic Health System – Fairmont, Respondent, Department of Employment and Economic Development, Respondent.

Relator appeals the decision of the unemployment-law judge (ULJ) that she was ineligible for unemployment benefits because she was discharged for employment misconduct.  The misconduct in this case was that Relator, a customer-service representative for Mayo clinic, illegally accessed confidential patient information. We affirm.

4.  A14-0967 Margaret Acker, Relator, vs. Inter City Oil Co., Inc., Respondent, Department of Employment and Economic Development, Respondent.

We affirm the determination of the unemployment law judge (ULJ) that relator is ineligible for employment benefits because the record supports the ULJ’s finding that relator quit her employment.  More specifically, the ULJ found that relator had quit because she faxed a blank sheet of paper to the employer saying “You can fill this out yourself and leave my name off[.] I am DONE[.]”

The ULJ found the employer's testimony that relator had quit more credible.  The Court of Appeals did not find error in the ULJ’s credibility determinations. The ULJ’s factual findings are supported by substantial evidence.  For all of these reasons, the Court of Appeals affirmed the ULJ's decision.

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.  

There were three decisions on unemployment benefits issued this week from the Minnesota Court of Appeals.  The first is noteworthy because it is a published opinion that defines a term -- "good cause" in the context of not participating in reemployment services -- that is not defined in the applicable statute.

1. A14-1487,  Patrick Hammer Fay, Relator, vs. Department of Employment and Economic Development, Respondent.

Relator Patrick Fay was eligible for unemployment benefits but missed a reemployment assistance services meeting. Respondent Minnesota Department of Employment and Economic Development (DEED) determined that relator was ineligible for unemployment benefits for the week that he missed the meeting because he failed, without good cause, to attend. Relator filed an online appeal and an unemployment law judge (ULJ) conducted an evidentiary hearing. The ULJ found that relator did not have good cause for missing the meeting and was ineligible for unemployment benefits for the relevant week. Relator requested a rehearing and the ULJ affirmed. Relator appealed to this court under Minn. Stat. § 268.105, subd. 7(a) (2014).

DEED determined that relator needed reemployment assistance services and mailed relator a notice that indicated he had an appointment. The notice provided in bold and underlined typeface that: “Failure to attend will result in a delay or denial of your unemployment benefits.” Relator missed the scheduled reemployment assistance services meeting. Relator testified that he “put [the meeting] in [his] schedule and . . . simply missed it.” Relator also said that the meeting was easy to attend because he lived 500 feet from the building. The ULJ asked relator if he had any other facts to provide regarding the missed meeting and he responded that he did not. Relator attended a subsequent reemployment assistance services meeting.

The Court of Appeals noted that the term "good cause" in the context of not participating in reemployment services is not defined in the applicable statute.  Using the doctrine of statutory construction known as "in pari materia" (where an undefined term in one statute can by defined by another statute with similar intent), the Appeals Court determined that, in the context of having "good cause" for failing to participate in reemployment services, defined the term "good cause" as "a reason that would have prevented a reasonable person acting with due diligence from participating in those services."

After defining the term, the Court of Appeals concluded that relator did not have the requisite "good cause" for failing to participate, and affirmed the denial of benefits.

2. A14-1561, Carrie L. Zupko, Relator, vs. St. Francis Campus Credit Union, Respondent, Department of Employment and Economic Development, Respondent.

Relator challenges the decision of the unemployment-law judge (ULJ) that she was discharged because of employment misconduct, arguing that the false representations she made at her supervisor’s request were part of a single incident and a good-faith error in judgment.  On one occasion, relator pretended to be from the credit union's accounting department..  On another occasion, relator reversed a loan transaction without proper documentation.  Accordingly, the Court of Appeals affirmed.

3. A14-1806,. Jonathan C. Barnett, Relator, vs. Soligent Distribution LLC, Respondent, Department of Employment and Economic Development, Respondent.

Relator challenges a final decision of an unemployment law judge (ULJ) affirming the earlier dismissal of relator’s appeal as untimely. Relator argues that, under the circumstances, the time allowed to appeal is unreasonable.  More specifically, Barrett argues that he did not receive the determination because he was attending a 12-week training in Texas and then attending his father's funeral.  However, as it has many times in the past, the Court of Appeals refused to make an exception to the strict rule that an appeal has to be filed within 20 days of the date of a negative determination.  Accordingly, the denial was 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.  

There was one decision on unemployment benefits issued this week by the Minnesota Court of Appeals.  The decision highlights the rule that intentionally disobeying an established company policy is employment misconduct -- a violation of the standards of behavior that an employer has the right to reasonably expect -- makes an applicant ineligible for unemployment benefits. 

A14-1075, Michael McCalister, Relator, vs. The Fresh Group Ltd. - Maglio & Company, Respondent, Department of Employment and Economic Development, Respondent.

 Relator Michael McCalister challenges the denial of his claim for unemployment benefits, arguing that the unemployment-law judge erred in determining that he was discharged for employment misconduct.  The misconduct in this case was using a cell phone on the production floor after repeatedly being warned that such behavior violated company policy.  Because sufficient evidence exists to support the decision, we affirm.

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. 

There were four decisions on unemployment benefits released this week by the Minnesota Court of Appeals.  While three of the decisions were affirmed, one was reversed.  Two of the affirmed decisions stand for the proposition that a person who quits a job in ineligible for unemployment benefits unless that person had a good reason for quitting caused by the employer.  The other affirmed decision restates the rule that an appeal must be filed by a strict deadline or it will be dismissed.  In the case that was reversed, the Relator was available for suitable work -- a prerequisite to receiving unemployment benefits -- during the period for which he sought benefits.  

A14-1249, Robert S. Paxton, Relator, vs. Ind. School District #047, Respondent, Department of Employment and Economic Development, Respondent.

Relator challenges the unemployment-law judge’s (ULJ) decision that he did not have a good reason to quit caused by his employer and that certain subpoenaed records were irrelevant. 
The ULJ found that Paxton quit for four reasons and concluded that none was a good reason caused by the employer: (1) poor relations with subordinates; (2) disciplinary action taken against Paxton; (3) e-mail exchanges Paxton discovered between coworkers that he believed constituted harassment; and (4) a negotiated severance package. The record supports the ULJ’s decision that Paxton quit employment without a good reason caused by the employer.  As such, the Court of Appeals affirmed the ULJ's decision.

A14-1321 and A14-1325, Kari Robinson, Relator, vs. The Schuett Companies, Inc., Respondent, Department of Employment and Economic Development, Respondent.

Kari Robinson challenges an unemployment law judge’s dismissal of her administrative appeal of two initial determinations. We conclude that the ULJ properly dismissed the administrative appeal because it was not filed within the 20-day appeal period. Therefore, we affirm.

A14-1594, Samuel I. Ricci, Relator, vs. Schmitty & Sons School Buses, Inc., Respondent, Department of Employment and Economic Development, Respondent.

Relator Samuel Ricci challenges the unemployment-law judge’s decision that he was ineligible for unemployment benefits because he was not available for or actively seeking suitable employment from May 11, 2014 through June 30, 2014. The Minnesota Department of Employment and Economic Development (the department) contends that the unemployment-law judge’s ineligibility determination should be affirmed as to the week beginning May 11, 2014, but concedes that the judge should be reversed as to the period from May 18, 2014 through June 30, 2014. Respondent Schmitty & Sons School Buses, Inc. advised this court that it would not be filing a brief, although it believes that the judge’s decision should be affirmed. Because Ricci was available for and actively seeking suitable employment from May 11, 2014 through June 30, 2014, we reverse the denial of benefits.

A14-0647, Michael Mudek, Relator, vs. Redtail Management, Inc. – Billy’s Bar & Grill at Breezy Point, Respondent, Department of Employment and Economic Development, Respondent.

We affirm the determination of the unemployment law judge (ULJ) that relator is ineligible for unemployment benefits because the record substantially supports the ULJ’s factual finding that relator quit without good reason caused by the employer.  Mudek argues that he quit because his employer reduced his hours from an average of 30 per week to four per week in response to a seasonal decline in business. In contrast, the ULJ found that Mudek quit because his campground was closing and he planned to move. The ULJ’s finding is supported by the record. Mudek testified that he planned to leave his employment after the campground shut down for the winter because he could no longer remain there and wanted to move. He requested only seasonal work in accordance with his plan to move in the fall.  Accordingly, there is substantial support in the record for the ULJ’s finding that Mudek quit to move and not because his hours were reduced.


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. 

The Minnesota Court of Appeals issued one decision this week on unemployment benefits.  The decision underscores the rule that employment misconduct renders an otherwise eligible applicant ineligible for unemployment benefits.  Here is the summary:

A14-0947, Melissa Jungen, Relator, vs. Sanders, Inc., Respondent, Department of Employment and Economic Development, Respondent.

In this certiorari appeal, relator challenges the decision of an unemployment-law judge (ULJ) denying her unemployment benefits on the ground that she was discharged for employment misconduct -- a violation of the standards of behavior that an employer has the right to reasonably expect.. Because the ULJ did not err by determining that relator’s conduct of improper cell-phone use, poor attendance, and insubordination met the statutory standard for employment misconduct, thus rendering her ineligible for benefits, we affirm.

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. 

There were two decisions this week on unemployment benefits from the Minnesota Court of Appeals.  Both cases highlight the rule that employment misconduct will make an applicant who is otherwise eligible for unemployment benefits ineligible for those benefits.

1. A14-1139, Kelly Smith, Relator, vs. Hoff Diamonds and Gems, Inc., Respondent, Department of Employment and Economic Development, Respondent.

This certiorari appeal is from an unemployment-law judge’s decision that relator is ineligible for unemployment benefits because he was discharged from his employment for employment misconduct.  The misconduct in this case was an inability to get along with coworkers and using profanity on at least two occasions.  The employer  had a right to reasonably expect that relator would not use profane language while speaking with his coworkers in the workplace. Relator’s repeated use of profanity was a serious violation of this standard of behavior, and it clearly displayed a substantial lack of concern for his employment.  As such, the decision denying unemployment benefits was affirmed.

2. A14-0729, Jean M. Ritter, Relator, vs. Inter City Oil Co., Inc., Respondent, Department of Employment and Economic Development, Respondent.

Relator challenges an unemployment-law judge’s decision that relator is ineligible for unemployment benefits because she was terminated from employment for misconduct. Relator argues that the conduct that led to her termination from employment was a single incident and that the employer’s evidence was not credible.  In this case, the ULJ found that relator repeatedly made disparaging remarks about the supervisor and that she was repeatedly instructed not to do so.

The employer’s directives to relator that she could not continue to engage in unprofessional behavior and name-calling were reasonable, and the employer had the right to reasonably expect relator to follow the directives. Relator’s repeated failures to follow the directives were employment misconduct.   Accordingly, the decision denying unemployment benefits was 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. 
 

There were three decisions on unemployment benefits issued by the Court of Appeals today.  The decisions all stand for the proposition that employment misconduct will make an otherwise eligible applicant ineligible for unemployment benefits.  Without further ado, here is the summary: