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Fighting a Past Employee for Unemployment Benefits
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BelizeBreeze
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NOT EVERY opinion is published online.
All you need to know is the following:
The Commissioner's representative's findings should be viewed in the light most favorable to the decision and should not be overturned if there is evidence in the record that reasonably tends to sustain the findings. Ress v. Abbott Northwestern Hosp., Inc ., 448 N.W.2d 519, 523 (Minn. 1989) (citing McGowan v. Executive Express Transp. Enters. Inc., 420 N.W.2d 592, 594 (Minn. 1985); White v.
Metropolitan Medical Center 332 N.W.2d 25, 26 (Minn. 1983)).
The ultimate determination of whether an employee committed misconduct is, however, a question of law upon which this court may exercise its independent judgment. Id. (citing McGowan v. Executive Transp. Enters., Inc., 420 N.W.2d 592, 594 (Minn. 1985); Smith v. Employers' Overload Co., 314 N.W.2d 220, 221 (Minn. 1981)).
An employee's refusal to comply with the reasonable requests of his or her employer constitutes misconduct. See McGowan v. Executive Express Transp. Enters., Inc., 420 N.W.2d 592, 596 (Minn. 1988) (employee's refusal to pick up employer's prescription constituted misconduct). The company's request that Betalom wear used, but clean, safety gloves was a reasonable request. It was a company policy that was followed by all employees working in that department.
"Generally, if an employer's request is reasonable and does not impose anunreasonable burden on the employee, the employee's refusal to accede to thatrequest constitutes misconduct." Soussi v. Blue & White Serv.Corp. , 498 N.W.2d 316, 318 (Minn. App. 1993) (citation omitted); seealso McGowan , 420 N.W.2d at 596 (misconduct for employee to refuseto perform reasonable incidental tasks); Bibleau v. Resistance Tech.,Inc. , 411 N.W.2d 29, 31-32 (Minn. App. 1987) (misconduct for employee torefuse to perform quality checks).
NOT EVERY opinion is published online.
All you need to know is the following:
The Commissioner's representative's findings should be viewed in the light most favorable to the decision and should not be overturned if there is evidence in the record that reasonably tends to sustain the findings. Ress v. Abbott Northwestern Hosp., Inc ., 448 N.W.2d 519, 523 (Minn. 1989) (citing McGowan v. Executive Express Transp. Enters. Inc., 420 N.W.2d 592, 594 (Minn. 1985); White v.
Metropolitan Medical Center 332 N.W.2d 25, 26 (Minn. 1983)).
The ultimate determination of whether an employee committed misconduct is, however, a question of law upon which this court may exercise its independent judgment. Id. (citing McGowan v. Executive Transp. Enters., Inc., 420 N.W.2d 592, 594 (Minn. 1985); Smith v. Employers' Overload Co., 314 N.W.2d 220, 221 (Minn. 1981)).
An employee's refusal to comply with the reasonable requests of his or her employer constitutes misconduct. See McGowan v. Executive Express Transp. Enters., Inc., 420 N.W.2d 592, 596 (Minn. 1988) (employee's refusal to pick up employer's prescription constituted misconduct). The company's request that Betalom wear used, but clean, safety gloves was a reasonable request. It was a company policy that was followed by all employees working in that department.
"Generally, if an employer's request is reasonable and does not impose anunreasonable burden on the employee, the employee's refusal to accede to thatrequest constitutes misconduct." Soussi v. Blue & White Serv.Corp. , 498 N.W.2d 316, 318 (Minn. App. 1993) (citation omitted); seealso McGowan , 420 N.W.2d at 596 (misconduct for employee to refuseto perform reasonable incidental tasks); Bibleau v. Resistance Tech.,Inc. , 411 N.W.2d 29, 31-32 (Minn. App. 1987) (misconduct for employee torefuse to perform quality checks).
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