Opinion
No. C7-01-1242.
Filed January 2, 2002
Appeal from Department of Economic Security, File No. 270901.
Corey Statham, (pro se relator)
Atlas Temporaries, Inc., (respondent)
Philip B. Byrne, Department of Economic Security, (for respondent Commissioner of Economic Security)
Considered and decided by Kalitowski, Presiding Judge, Lansing, Judge, and Hanson, Judge.
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000).
UNPUBLISHED OPINION
Appellant Corey Statham challenges the commissioner's representative's denial of unemployment benefits arguing that there was insufficient evidence to support the conclusion that after accepting suitable employment appellant quit. We affirm.
DECISION
In reviewing the findings by the commissioner's representative, an appellate court views the evidence in the light most favorable to the decision. White v. Metropolitan Med. Ctr., 332 N.W.2d 25, 26 (Minn. 1983). "Whether an employee has been discharged or voluntarily quit is a question of fact." Midland Elec., Inc. v. Johnson, 372 N.W.2d 810, 812 (Minn. App. 1985) (citation omitted). Findings of fact will not be disturbed if there is evidence reasonably tending to support them. White, 332 N.W.2d at 26.
"A quit from employment occurs when the decision to end the employment was, at the time the employment ended, the employee's." Minn. Stat. § 268.095, subd. 2(a) (2000). Whereas a discharge occurs when
any words or actions by an employer would lead a reasonable employee to believe that the employer will no longer allow the employee to work for the employer in any capacity.
Id., subd. 5(a) (2000).
Here, appellant asserts he did not quit his job. But the commissioner's representative found appellant accepted the assignment, worked on March 14, 2001, and did not return for work the next day. From these findings, the representative concluded appellant quit his job without good reason. Appellant asserts he was unaware the assignment was for three days. But where credibility is at issue, "this court must defer to the Commissioner's ability to weigh the evidence." Whitehead v. Moonlight Nursing Care, Inc., 529 N.W.2d 350, 352 (Minn. App. 1995) (citation omitted). Moreover, the fact-finder's credibility determination will not be reversed unless it is clearly erroneous. Varco-Pruden Bldgs. v. Becker Sons Constr., Inc., 361 N.W.2d 457, 459 (Minn. App. 1985). The record indicates that the custom of respondent Atlas Temporaries, Inc. (Atlas) is to have three-day job assignments with this particular company. It is undisputed that appellant did not show up for work on day two or three of the assignment. See Mbong v. New Horizons Nursing, 608 N.W.2d 890, 895 n. 2 (Minn. App. 2000) (noting that if worker at temporary agency fails to complete assignment without good cause, it may constitute a quit). Moreover, because appellant was offered the same three-day assignment in January, February, and March, the record supports a finding that appellant was aware that they were three-day assignments.
Because there are facts in the record to support the commissioner's representative's decision that appellant voluntarily quit by not showing up for work, we affirm the representative's decision.
Affirmed.