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Larson v. Dep't of Econ. Sec.

Supreme Court of Minnesota
Jun 1, 1979
281 N.W.2d 667 (Minn. 1979)

Summary

holding that, without full knowledge of harassment from co-workers, employer had right to assume problem had been solved

Summary of this case from Munro Holding, LLC v. Cook

Opinion

No. 49287.

June 1, 1979.

Appeal from the Commissioner of Department of Economic Security.

Richard J. Fuller, Legal Aid Society of Minneapolis, Inc., Minneapolis, for relator.

Warren Spannaus, Atty. Gen., St. Paul, Broeker, Hartfeldt, Hedges Grant, and Steven R. Hedges, Minneapolis, for respondents.

Considered and decided by the court en banc without oral argument.


Relator, Steven Larson, appeals from the decision of the Commissioner, Department of Economic Security, filed August 17, 1978, denying him unemployment compensation benefits upon the basis that he voluntarily discontinued his employment without good cause attributable to the employer. We affirm.

Relator commenced his employment as a janitor at the Orpheum Theater on October 15, 1977. Approximately 3 months later, on January 23, 1978, he terminated his employment when he failed to appear for his scheduled work shift without notice to his employer. He filed his claim petition on February 5, 1978, stating that he terminated because he "was treated poorly by fellow employees" and that he did not report to work as scheduled because he "decided to quit."

The denial of his claim for unemployment compensation benefits by the claims deputy prompted relator's appeal to the appeals tribunal. At the hearing conducted by the tribunal, he testified that shortly after he began work, one of his coworkers spat upon him and teased him. He stated that the taunting occurred on a nightly basis, but that he did not first inform his supervisor, the manager, until approximately 6 weeks had elapsed. At that time the manager was told only of the spitting incident. The manager promised to speak with the co-workers and asked the relator to notify him if the conduct either continued or became more abusive. Relator testified that there-after the taunting continued and that the coworker at one time threw paper "pop cups" at him and on another occasion struck him in the stomach. The record is clear that relator never provided the manager with additional information.

George Stephens, manager of the Orpheum Theater, stated that the assistant manager was informed by relator that he left his employment because the work was too difficult and that there was never any mention of continued threats from the coworker. Additionally, he testified that, had he known that the conduct persisted, he would have taken remedial action to facilitate a better working climate for his staff.

By decision dated May 8, 1978, the tribunal found that relator had voluntarily discontinued his employment without good cause attributable to his employer. Minn.St. 268.09, subd. 1. The tribunal reasoned that relator terminated his employment without notice or explanation to the manager and that, while he knew that he should have informed his superior that the abuse continued, he failed to do so. Upon further appeal to the commissioner, the decision of the tribunal was affirmed and this appeal followed.

Relator essentially argues that, without regard to the conduct of the employer, a reasonable fear for one's health or safety constitutes good cause for terminating his employment. Ferguson v. Dept. of Employment Services, 311 Minn. 34, 247 N.W.2d 895 (1976); Reeves v. Board of Rev. of Unemployment Comp., Ohio Com.P.L., 52 Ohio Op. 398, 118 N.E.2d 159 (1953); and Dwight Mfg. Co. v. Long, 36 Ala. App. 387, 56 So.2d 685 (1952). He contends that the record not only supports his reasonable fear, but also the fact that he was in actual danger, relying upon the comparative physical stature of the two coworkers and his own recitation of the physical contact from his coworker.

The commissioner did not agree with this analysis and distinguished the Ferguson decision upon the basis of the recorded facts. He reasoned that the employee was remiss in not reporting additional incidents of harassment, as agreed, after the first discussion with the manager. That fact, together with relator's failure to report to work or contact his employer for a period of 4 days after his last scheduled workday, led the commissioner to conclude that relator took no steps to retain his employment.

The record indicates that relator is of reduced physical stature and is afflicted with a speech impediment. While he stated that he feared that he would be harmed by the larger coworker and that he so informed the manager, the manager stated that he spoke with the coworker and the latter denied the actions. The manager suggested that relator return to him if the situation worsened, but relator chose not to do so and instead made a unilateral decision to quit without notice. When questioned about his failure to seek relief from the manager, relator explained that he "just didn't think of it."

Under the circumstances presented, once relator was provided with the expectation of assistance from his employer in eliminating his alleged fear of harm from a coworker, the burden was upon him to fully apprise the employer of the continuing facts giving rise to that fear. Without this full knowledge, it was reasonable for the employer to assume that the problem had been corrected.

We therefore conclude that the evidence sustains the finding of the commissioner that relator had a duty to inform the employer of those allegations to allow the employer the opportunity to correct the situation and that, in the absence of this information, the employer should not be charged with having caused relator's unemployment.

Affirmed.


Summaries of

Larson v. Dep't of Econ. Sec.

Supreme Court of Minnesota
Jun 1, 1979
281 N.W.2d 667 (Minn. 1979)

holding that, without full knowledge of harassment from co-workers, employer had right to assume problem had been solved

Summary of this case from Munro Holding, LLC v. Cook

holding that employee who quit because he claimed he was being harassed by a coworker "had a duty to inform the employer of those allegations to allow the employer the opportunity to correct the situation"

Summary of this case from Gombold v. Aramark Educational Resources

holding that employee who quit because he claimed he was being harassed by a co-worker "had a duty to inform the employer of those allegations to allow the employer the opportunity to correct the situation"

Summary of this case from PAHL-JONES v. ASI SIGN SYSTEMS

holding that when an employee complains and receives assistance from employer, burden was on employee to continue to apprise employer of ongoing problems

Summary of this case from Anderson v. Foley Indep. S.D. No. 51

holding janitor lacked good cause to quit when he had failed to apprise employer of situation and employer had no opportunity to take action

Summary of this case from George F. Fairbanks v. Cty. of Hennepin

In Larson, relator was employed as a janitor at the Orpheum Theater. Approximately three months after he began work he terminated his employment.

Summary of this case from McNABB v. CUB FOODS

stating that janitor had duty to inform his employer of continuing abuse he experienced from co-workers in order to allow employer an opportunity to correct the situation and, in absence of such information, employer could not be charged with having caused janitor's unemployment

Summary of this case from Kruger v. New Era Fin. Group

stating that an employee must fully apprise an employer of adverse conditions

Summary of this case from Christenson v. Episcopal Church Home

In Larson, the plaintiff's supervisor told plaintiff to notify him if the abuse from co-workers, of which plaintiff had complained, continued.

Summary of this case from Barron v. Ward

In Larson, a janitor reported some of the problems he was experiencing with co-workers to his manager after some six weeks of work.

Summary of this case from Burtman v. Dealers Discount Supply
Case details for

Larson v. Dep't of Econ. Sec.

Case Details

Full title:Steven LARSON, Relator, v. DEPARTMENT OF ECONOMIC SECURITY, Orpheum…

Court:Supreme Court of Minnesota

Date published: Jun 1, 1979

Citations

281 N.W.2d 667 (Minn. 1979)

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