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There was one decision on unemployment benefits from the Minnesota Court of Appeals.  The decision underscores the rule that quitting a job without good reason caused by the employer makes an otherwise eligible applicant for unemployment benefits ineligible for those benefits.  The Court of Appeals will affirm factual findings of the Unemployment Law Judge ("ULJ") if those findings are supported by substantial evidence.

A14-1684, Lorraine Rosenthal, Relator, vs. Cardinal of Minnesota, Ltd., Respondent, Department of Employment & Economic Development, Respondent.


Relator Lorraine Rosenthal challenges the denial of her claim for unemployment benefits on the ground that the unemployment-law judge (ULJ) erred in determining that she quit her employment and was therefore ineligible to receive unemployment benefits, even though she had voluntarily retired. Because the ULJ’s factual findings are substantially sustained by the evidence in the record, 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.  

 
 
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There were three decisions on unemployment benefits this week from the Minnesota Court of Appeals.  The first two cases deal with employment misconduct that makes an applicant ineligible to receive unemployment benefits.  The third addresses the issue of whether payments received from a former employer that are unrelated to the reason for termination meet the statutory definition of severance payments that delay the receipt of unemployment benefits.

1. A14-1269, Dan Delk, III, Relator, vs. Pan-O-Gold Baking Co. (Corp.), Respondent, Department of Employment and Economic Development, Respondent.

Relator challenges the decision of the unemployment-law judge (ULJ) that he is ineligible for unemployment benefits because he was discharged for employment misconduct, arguing that he did not commit misconduct by failing to work two scheduled shifts after his Family Medical Leave Act (FMLA) leave ended. We affirm.

2. A14-1040, Paul C. Stepnes, Relator, vs. HOM Furniture, Inc., Respondent, Department of Employment and Economic Development, Respondent.


Relator challenges the determination of the unemployment-law judge (ULJ) that he is ineligible for unemployment benefits because he was discharged for misconduct.  The misconduct in this case was angrily confronting supervisors and co-workers on at least two occasions. We affirm.

3.  A14-1593, Robert R. Adams, Relator, vs. Select Communications, Inc., Respondent, Department of Employment and Economic Development, Respondent.


Robert R. Adams was deemed temporarily ineligible for unemployment benefits because he received a separation payment from his former employer. He argues that his period of ineligibility should be limited because most of the money included in the separation payment is unrelated to his termination. We conclude that the entire separation payment is within the statutory definition of severance pay and, thus, 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.  

 
 
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Tim is teaching a FREE seminar on evictions, security deposits, and tenant property remaining in the premises after the tenant moves out.  This seminar is geared for landlords, property managers, and attorneys who represent them.

The seminar will be held from noon - 1:00 p.m. on Friday 5/1/15 at Tim's offiice, 2140-4th Avenue, Anoka MN 55303.  Space is limited, so advance registration is required.  To register, please visit:

https://www.eventbrite.com/e/evictions-security-deposits-abandoned-tenant-property-and-landlord-tenant-law-tickets-16564109698

ATTORNEYS: This seminar has been approved for one standard CLE credit.  The event code is 204670.

 
 
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For the second week in a row, the Minnesota Court of Appeals did not issue any new decisions on unemployment benefits.