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Little v. Larson Bus Service

Minnesota Court of Appeals
Aug 7, 1984
352 N.W.2d 813 (Minn. Ct. App. 1984)

Summary

holding that failure to report to work as scheduled is misconduct

Summary of this case from Vandenheuvel v. Friends of the River

Opinion

No. C4-84-849.

August 7, 1984.

Appeal from the Commissioner of Economic Security.

Bobby Little, pro se.

Hubert H. Humphrey, III, Atty. Gen., Laura E. Mattson, Sp. Asst. Atty. Gen., St. Paul, for respondents.

Considered and decided by HUSPENI, P.J., and NIERENGARTEN and RANDALL, JJ., with oral argument waived.


OPINION


Relator Bobby Little appeals in a writ of certiorari from a decision of the Commissioner of Economic Security. The Commissioner ruled that relator was discharged from his employment due to misconduct and was, therefore, disqualified from receiving unemployment compensation benefits pursuant to Minn.Stat. § 268.09, subd. 1(1) (Supp. 1983). We affirm.

FACTS

Relator was employed by respondent Larson Bus Service from 1981-83 as a school bus driver. On December 19, 1983, he requested to be excused from work the week of December 19 to attend a ministerial conference. The request was denied but relator attended the conference anyhow. He was replaced on January 3, 1984.

Relator filed a claim for unemployment compensation benefits. A claims deputy determined he had voluntarily discontinued his employment without good cause attributable to his employer, and a department referee affirmed. A representative of the Commissioner, modifying the referee's decision, concluded relator was properly discharged due to misconduct.

ISSUE

Does the record support the decision of the Commissioner of Economic Security that relator was discharged from his employment due to misconduct and was, therefore, properly disqualified from receiving benefits pursuant to Minn.Stat. § 268.09, subd. 1(1) (Supp. 1983)?

ANALYSIS

The question of whether an employee has been voluntarily or involuntarily terminated is a question of fact. The findings of the Commissioner are reviewed in the light most favorable to the decision and will not be disturbed if there is evidence reasonably tending to support it. Group Health Plan, Inc. v. Lopez, 341 N.W.2d 294, 296 (Minn.Ct.App. 1983).

Relator claims his failure to report to work did not rise above a good faith error of judgment. He is wrong. Failure to report to work is misconduct within the meaning of the Employment Services Law. Moeller v. Minnesota Dep't of Transp., 281 N.W.2d 879, 882 (Minn. 1979). The employer has a right to expect an employee to work when scheduled. Smith v. American Indian Chem. Dependency, 343 N.W.2d 43, 45 (Minn.Ct.App. 1984).

Relator also claims that if he had "blown his stack" when the employer refused his leave request, he would not have been disqualified from benefits because of the isolated "hotheaded incident" rule. That rule was enunciated in Windsperger v. Broadway Liquor Outlet, 346 N.W.2d 142 (Minn. 1984) wherein the supreme court held that "an isolated hotheaded incident which does not interfere with the employer's business is not misconduct . . . justifying a denial of unemployment compensation benefits." Id. at 45. He is again wrong. The rule is limited to single incidents where an employee acts in the heat of the moment. It does not include a deliberate, rational decision not to report to work. Id.

DECISION

The Commissioner's decision disqualifying relator from unemployment benefits is affirmed.


Summaries of

Little v. Larson Bus Service

Minnesota Court of Appeals
Aug 7, 1984
352 N.W.2d 813 (Minn. Ct. App. 1984)

holding that failure to report to work as scheduled is misconduct

Summary of this case from Vandenheuvel v. Friends of the River

holding that employee committed misconduct by missing work after vacation request was denied

Summary of this case from Ayichew v. Guardsmark LLC

holding that employee committed employment misconduct by being absent despite being denied requested leave

Summary of this case from Krueger v. White Earth Reservation

holding that single incident of unexcused one-week absence was misconduct

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holding that when bus driver, whose request to be excused from work to attend a conference was refused, attended anyway, his discharge was for disqualifying misconduct

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holding employers have the right to expect employees to work when scheduled

Summary of this case from Olson v. Distribution Centers Transport

stating that an employer has a reasonable expectation that an employee will work scheduled hours

Summary of this case from Plecko v. St. John's Lutheran Hosp., Ass'n

stating that an employer has a reasonable expectation that an employee will work scheduled hours

Summary of this case from Field v. Commonbond Hous. (Corp.)

stating that an employer has a reasonable expectation that employee will work scheduled hours

Summary of this case from Franklin v. Goodwill Indus., Inc.

stating that an "employer has a right to expect an employee to work when scheduled"

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noting that employers may expect employees to work when scheduled

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stating that an employer has a right to expect an employee to work when scheduled

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stating that an employer has a right to expect an employee to work when scheduled

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addressing unexcused absences

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stating that employer has right to expect employee to work when scheduled

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In Little v. Larson Bus Service, 352 N.W.2d 813, 815 (Minn. Ct. App. 1984), this court refused to apply the "isolated hotheaded incident" rule which does not involve a deliberate, rational decision not to report to work.

Summary of this case from DEL DEE FOODS, INC. v. MILLER
Case details for

Little v. Larson Bus Service

Case Details

Full title:Bobby LITTLE, Relator, v. LARSON BUS SERVICE, Respondent, and Commissioner…

Court:Minnesota Court of Appeals

Date published: Aug 7, 1984

Citations

352 N.W.2d 813 (Minn. Ct. App. 1984)

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