When asked why she was leaving her former employer, the applicant stated that she was looking for part-time employment after her pregnancy leave. The real reason for her leaving the employer, however, was that she had been discharged for theft. The unemployment law judge ruled that she was ineligible for unemployment compensation due to employee misconduct and further would not be given credits for unemployment because such discharge was related to employee misconduct. The court concluded misrepresentation during the hiring process may be material to the position involved and here access to confidential information could provide an opportunity for additional theft. As far as aggravated employee misconduct, however, the court ruled that credits would not be denied. Aggravated employee misconduct is defined as “the commission of any act, on the job or off the job, that would amount to a gross misdemeanor or felony if the act had a significant adverse affect on the employment at issue.” Here the Court ruled that an employee cannot be discharged for aggravated employee misconduct based on an act or conduct that would amount to a gross misdemeanor or felony if the act or conduct occurred before employment. Santillana v. Central Minnesota Council on Aging (Minn. Ct. Ap. 2010)