Under Minnesota law, one of the reasons a terminated employee may be found ineligible for unemployment insurance benefits is if the employee was terminated for “employment misconduct.” Minn. Stat. § 268.095, Subd. 4.Employment misconduct is defined as “any intentional, negligent, or indifferent conduct, on the job or off the job that displays clearly: (1) a serious violation of the standards of behavior the employer has the right to reasonably expect of the employee; or (2) a substantial lack of concern for the employment.” Minn. Stat. § 268.095, Subd. 6(a).

Goble appealed to the Court of Appeals.Legal StandardThe Minnesota law provides that an employee who is discharged for employment misconduct is ineligible to receive unemployment benefits. Minn. Stat. § 268.095, subd. 4(1) (2008). Employment misconduct includes “any intentional, negligent, or indifferent conduct, on the job or off the job (1) that displays clearly a serious violation of the standards of behavior the employer has the right to reasonably expect of the employee, or (2) that displays clearly a substantial lack of concern for the employment.”

In the letter, the Commissioner indicated that the Department interprets the law to require compliance with equal pay laws and that it does not require employers to adopt comparable worth policies.Unemployment Eligibility ChangesEffective for unemployment decisions issued after October 5, 2014, the WESA amends Minn. Stat. § 268.095 to make it easier for an employee to establish eligibility for unemployment insurance if the employee quit his or her employment because of domestic abuse, sexual assault, or stalking.Employers’ “To Do” List Based on the changes made by the WESA, employers have an immediate “to do” list and other tasks to complete in the next few months.Immediately: Update handbooks, policies, and forms to incorporate the new familial status protected class and pregnancy accommodation requirements.

Employment Misconduct“Employment misconduct” is statutorily defined as “any intentional, negligent, or indifferent conduct, on the job or off the job that displays clearly: (1) a serious violation of the standards of behavior the employer has the right to reasonably expect of the employee; or (2) a substantial lack of concern for the employment.” Minn. Stat. § 268.095, subd. 6(a).In Santillana, the appeals court stated, “[A] material misrepresentation during the hiring process [] fit[s] within the statutory definition of employment misconduct. Intentionally misrepresenting a fact that is material to employment shows a substantial lack of concern for the employment.