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Pitzel v. Packaged Furniture Carpet

Minnesota Court of Appeals
Feb 12, 1985
362 N.W.2d 357 (Minn. Ct. App. 1985)

Summary

holding that employee willfully or wantonly disregarded his employer's interest when he was "aggressive and offensive with customers" and his behavior was "erratic and disruptive"

Summary of this case from White v. Teddy Bear Mgmt., LLP

Opinion

No. C1-84-1926.

February 12, 1985.

Appeal from the Commissioner of Economic Security.

Michael D. Pitzel, relator, pro se.

Terence P. Durkin, St. Paul, for Packaged Furniture Carpet.

Donald E. Notvik, St. Paul, for Dept. of Economic Sec.

Considered and decided by PARKER, P.J., and FOLEY and WOZNIAK, JJ., with oral argument waived.


SUMMARY OPINION


FACTS

Relator Michael Pitzel was employed by respondent Packaged Furniture Carpet Co. from March, 1982 to May 1, 1984 as a salesman. After being respondent's top salesman, Pitzel's behavior began to change in January of 1984. He became aggressive and offensive with customers and refused to honor unwritten store policy regarding the treatment of customers and the product sold. His personal behavior during and after store hours became erratic and disruptive. After giving several warnings, the employer discharged Pitzel on May 1, 1984.

The Commissioner of Economic Security determined that Pitzel was discharged for misconduct and was disqualified from the receipt of unemployment compensation benefits pursuant to Minn.Stat. § 268.09, subd. 1(2) (Supp. 1983).

DECISION

In reviewing the record and findings of the Commissioner, we find that there is adequate evidence in the record to sustain the findings and they are affirmed. White v. Metropolitan Medical Center, 382 N.W.2d 25, 26 (Minn. 1983). Pitzel's conduct evinces a willful or wanton disregard of the employer's interest as defined in Tilseth v. Midwest Lumber Co., 295 Minn. 372, 204 N.W.2d 644 (1973).

The decision of the Commissioner of Economic Security is, therefore, affirmed.

Affirmed.


Summaries of

Pitzel v. Packaged Furniture Carpet

Minnesota Court of Appeals
Feb 12, 1985
362 N.W.2d 357 (Minn. Ct. App. 1985)

holding that employee willfully or wantonly disregarded his employer's interest when he was "aggressive and offensive with customers" and his behavior was "erratic and disruptive"

Summary of this case from White v. Teddy Bear Mgmt., LLP

holding that employee engaged in "conduct evinces a willful or wanton disregard of the employer's interest" due to "aggressive and offensive [behavior] with customers"

Summary of this case from Goble v. Speedway Superamerica LLC

finding misconduct when employee, despite several warnings, was aggressive and offensive with customers, refused to honor unwritten store policy regarding treatment of customers, and displayed erratic and disruptive personal behavior

Summary of this case from Shatek v. Casino

finding misconduct when the employee had "erratic and disruptive" behavior and remained aggressive and offensive after several warnings

Summary of this case from Foreshee v. St. Croix Forge, Inc.

finding misconduct when the employee had "erratic and disruptive" behavior and remained "aggressive and offensive with customers" after several warnings

Summary of this case from DILLIARD v. STOREFRONT/YOUTH ACTION

determining aggressive, offensive, erratic and disruptive behavior constituted employment misconduct

Summary of this case from Mitzuk v. Davlyn Inc.
Case details for

Pitzel v. Packaged Furniture Carpet

Case Details

Full title:Michael D. PITZEL, Relator, v. PACKAGED FURNITURE CARPET, Department of…

Court:Minnesota Court of Appeals

Date published: Feb 12, 1985

Citations

362 N.W.2d 357 (Minn. Ct. App. 1985)

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