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Tru-Stone Corp. v. Gutzkow

Minnesota Court of Appeals
Feb 24, 1987
400 N.W.2d 836 (Minn. Ct. App. 1987)

Summary

holding co-workers' name-calling, profanity, derogatory remarks, and offensive drawings directed toward claimant provided good cause

Summary of this case from Veer v. Autio Homes, Inc.

Opinion

No. C8-86-1507.

February 24, 1987.

Thomas A. Janson, St. Cloud, for Tru-Stone Corp.

Steven C. McChristian, St. Cloud Area Legal Services, St. Cloud, for William Gutzkow.

Hubert H. Humphrey, III, Atty. Gen., Laura E. Mattson, Sp. Asst. Atty. Gen., St. Paul, for Department of Jobs and Training.

Heard, considered and decided by RANDALL, P.J., and FOLEY and WOZNIAK, JJ.


OPINION


Relator Tru-Stone Corporation appeals from a determination that William Gutzkow had good cause to quit his job due to harassment. We affirm.

FACTS

William Gutzkow was employed by Tru-Stone as a laborer from August 2, 1982 to March 21, 1986, when he voluntarily quit his job.

Some time prior to Gutzkow's resignation, his fellow employees began taunting and harassing him, calling him names and drawing uncomplimentary pictures of him with names and profanities written underneath.

In late February, Gutzkow got into a fight with a co-worker who had pretended to spit into Gutzkow's coffee cup. Since Gutzkow had been in a fight once before and was aware of Tru-Stone's rule against fighting, he went to Tru-Stone's president and explained why the fight had occurred. The president did not discipline Gutzkow, but asked his plant manager to investigate the harassment. The plant manager transferred Gutzkow to another section for one day, and then told Gutzkow and the co-worker that they would have to start getting along.

The employees continued to harass Gutzkow. On one occasion, Gutzkow's section leader made derogatory remarks to him about his wife, and told him that he would either get him fired or make him quit. On March 21, 1986, Gutzkow again complained to the president, who promised to look into the matter. However, on the following Monday Gutzkow resigned.

Gutzkow applied for unemployment compensation. A claims deputy denied him benefits, determining that he did not have good cause to quit. Gutzkow appealed to a Department referee, who affirmed the claims deputy's decision, reasoning that Gutzkow "simply did not give the employer a reasonable amount of time to remedy the situation." Gutzkow appealed again, this time to a Commissioner's representative, who reversed the referee's decision, finding:

The evidence demonstrates that the employer knew for several weeks that the claimant was being harassed substantially, but took no decisive steps to end these acts. Indeed, the claimant's immediate superior joined in on the threats, intimidation and humiliation of the claimant. The claimant had no reason to expect that the president of the employer would in fact exert sufficient control to give him real relief.

ISSUE

Does the record support the Commissioner's determination that Gutzkow had good cause to quit his job with Tru-Stone?

ANALYSIS

An individual who voluntarily quits his job is disqualified from receiving unemployment compensation benefits unless he can prove that his resignation was for "good cause attributable to the employer." Minn.Stat. § 268.09, subd. 1(1) (1984); Zepp v. Arthur Treacher Fish Chips, 272 N.W.2d 262, 263 (Minn. 1978). "Good cause" may be established if the employee has been subjected to harassment on the job and can demonstrate that he gave his employer notice of the harassment and an opportunity to correct the problem. See Larson v. Department of Economic Security, 281 N.W.2d 667 (Minn. 1979); Burtman v. Dealers Discount Supply, 347 N.W.2d 292, 294 (Minn.Ct.App. 1984). Then, if the employee is "provided with the expectation of assistance from his employer" in eliminating the harassment, the employee must continue to apprise the employer of additional harassment. Larson, 281 N.W.2d at 669.

Here, the Commissioner's representative found that Gutzkow had received no real expectation of assistance from Tru-Stone. The Commissioner's findings must be upheld if there is any evidence in the record which reasonably tends to sustain them. Chellson v. State Div. of Employment and Security, 214 Minn. 332, 336, 8 N.W.2d 42, 45 (1943).

There is evidence in the record that Gutzkow's superiors did not provide him with a reasonable expectation of assistance. Gutzkow himself testified:

[T]hen [the plant manager] got both me and Dan [the co-worker] together and he told us * * * that he couldn't put up with this child-like stuff, he's not a babysitter, and then he said that he's going to have the two of us working together every day for the next six months till we can learn to get along.

Tru-Stone's president testified that he assured Gutzkow he would look into the problem and then delegated everything to the plant manager. The plant manager testified:

I tried to get [Gutzkow] and [the coworker] to work along, you know. You've got to work together in a shop.

This was the plant manager's sole testimony regarding his response to the harassment. We concur with the Commissioner's finding that, in view of the plant manager's failure to respond, Gutzkow was not actually provided with a "reasonable expectation of assistance."

The record also indicates that Gutzkow's section leader participated in the harassment. Gutzkow testified without contradiction that the section leader was similar to a foreman, i.e., a direct supervisor. According to Gutzkow, some time after he had complained to the president, the section leader called him names such as "slime," "scum" and "son-of-a-bitch," called his wife a slut, and told him that he was "never going to be off the shit list around here", that nobody liked him, and that he would make Gutzkow quit or get him fired.

The supreme court has stated that a manager's knowledge should be imputed to an employer where the manager "performs basically a 'first level supervisory and managerial function.' " McNabb v. Cub Foods, 352 N.W.2d 378, 383 (Minn. 1984). In Dura Supreme v. Kienholz, 381 N.W.2d 92 (Minn.Ct.App. 1986), this court declined to hold that the employer had offered reasonable assurances of assistance where the employee's supervisor told the employee to take the harassment as a joke. Similarly, in Porrazzo v. Nabisco Inc., 360 N.W.2d 662 (Minn. Ct. App. 1985), we held that an employer was deemed to have had knowledge of continuing harassment where the supervisor was the source of many of the employee's problems.

Thus, here, the harassment by Gutzkow's section leader must be imputed to Tru-Stone. This harassment, in combination with the plant manager's failure to respond to the situation, negated the president's assurances of assistance. Since Gutzkow therefore received no real expectation of assistance, he had no duty to keep Tru-Stone apprised of the continuing harassment. Continued notification is necessary only after the employee has received an expectation of assistance. See Larson, 281 N.W.2d at 669; Porrazzo, 360 N.W.2d at 664.

Tru-Stone argues that because Gutzkow somehow "incited" the harassment, he did not have good cause to quit. We do not consider this issue, since there was no evidence that it was ever presented to the Commissioner's representative for review. See Ruzynski v. Cub Foods, Inc., 378 N.W.2d 660, 663 (Minn. Ct. App. 1985). However, we do note that neither the Commissioner's representative nor the referee found that Gutzkow incited the harassment. To the contrary, the Commissioner's representative found that Gutzkow's fighting was in response to the harassment.

DECISION

The record supports the Commissioner's determination that Gutzkow had good cause to quit his job due to harassment.

Affirmed.


Summaries of

Tru-Stone Corp. v. Gutzkow

Minnesota Court of Appeals
Feb 24, 1987
400 N.W.2d 836 (Minn. Ct. App. 1987)

holding co-workers' name-calling, profanity, derogatory remarks, and offensive drawings directed toward claimant provided good cause

Summary of this case from Veer v. Autio Homes, Inc.

holding that harassment by coworkers and a supervisor constituted good reason to quit when not corrected by employer

Summary of this case from Lebakken v. Express-A-Button Inc.

determining that "harassment" may constitute a good cause to quit

Summary of this case from Long v. Joyner's Die Casting Plating

determining that harassment by fellow employees constituted "good cause" to quit where management had notice of the harassment but failed to respond to it

Summary of this case from CHAPIN v. DA STRUMSTAD ASSOCIATES

affirming determination that employee had good cause attributable to employer for quitting employment when employee reported harassment and supervisor failed to respond to situation

Summary of this case from LAM v. DA-RAN INC

affirming finding of good cause due to harassment by coworkers, where employee complained several times to employer, who did little or nothing to stop activity of coworkers

Summary of this case from Larson v. Northeast Entrepreneur Fund

stating that an employee may establish good cause to quit if he has been subject to harassment while on the job by a coworker and can demonstrate that he gave his employer notice and an opportunity to correct the problem

Summary of this case from Sternquist v. Pal Mgmt., Inc.

In Tru-stone, this court acknowledged that an employee has demonstrated "good cause" for quitting "attributable to the employer" when the employee has (1) been subjected to harassment; and (2) has given the employer notice of the harassment and an opportunity to correct the problem.

Summary of this case from CHAPIN v. DA STRUMSTAD ASSOCIATES

noting harassment involved calling employee names such as slime, scum, and son-of-a-bitch, making derogatory remarks about employee's wife, and drawing uncomplimentary pictures of employee with profanities written underneath

Summary of this case from Yaggy v. Advocates Against Domestic Abuse

stating that, to establish good cause attributable to employer, employer must be given an opportunity to correct problem

Summary of this case from Smith v. Piper Jaffray

stating to establish good cause attributable to employer, employer must be given opportunity to correct problem

Summary of this case from Vendsel v. MN Corr. Facility

In Tru-Stone, we affirmed the Commissioner's determination that an employee had good cause to quit due to harassment which consisted of taunting, name calling, derogatory remarks, and uncomplimentary pictures with names and profanities written underneath.

Summary of this case from Wetterhahn v. Kimm Co.
Case details for

Tru-Stone Corp. v. Gutzkow

Case Details

Full title:TRU-STONE CORPORATION, Relator, v. William GUTZKOW, Department of Jobs and…

Court:Minnesota Court of Appeals

Date published: Feb 24, 1987

Citations

400 N.W.2d 836 (Minn. Ct. App. 1987)

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