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    Employer Unemployment Compensation Victories

    Several recent Minnesota Court of Appeals decisions affirmed administrative hearing decisions that an employee had voluntarily quit or had been terminated for misconduct. There is still some hope that employers can win unemployment compensation cases. In one case, an employee was working at a group home and had some doctor restrictions on activities, but failed to communicate to the employer in an appropriate way that she had to work outside of her restrictions. She therefore did not give the employer an opportunity to correct the situation, and therefore had not quit for good reason. In another case, an employee had released confidential information to an individual outside of the company on one occasion, but had also lied about doing so. Although this was a single incident, the court found that the employer appropriately lost trust in the employee, and the termination was for misconduct. In a third case, an employee had failed to report to work on two scheduled days and thereafter made a request for an extended leave. The employer informed the claimant that if she did not come to work for a couple of weeks, she would be treated as she no longer worked for the employer. Her failure to then contact the employer exhibited lack of concern for her job and substantial disregard for the standard of behavior that an employer can expect. Therefore, her termination was for misconduct.

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