Court of Appeals of Minnesota
A04-2308 (2005)
Actions
Cassandra Jenkins disputes the verdict made by the senior unemployment review judge which upholds the resolution by the unemployment law judge. This led to her disqualification of getting unemployment benefits since she was expelled for misdemeanors.
Facts
Jenkins sued the American Express Financial Corporation for lack of calling and verifying her service bound by Minn. Stat. $ 631.425. She argues that her nonattendance from job under the given situation should not amount to misconduct. However, the ruling was made in favor of the American Express Financial Corporation.
Trial Court
The Court of Appeals ruled in favor of American Express Financial Corporation citing that the employer was not obligated to call and verify her employment for rationale of work discharge subject to Minn. Stat. $631.425.
Issues
Is the decision by the senior unemployment review judge erred? What constituted to absence from work by the employee. Was the employer liable to call and verify her employment? Does the employee have the right to receive unemployment benefits under these circumstances?
Holding
(Court of Appeals) Yes, affirmed for the respondent hence the senior unemployment review judge was in order to pass the verdict.
Reason and Rule
The decision by the senior unemployment review judge was upheld by the Court of Appeals. This was due to the fact of the incarceration of the employee as a result of intentional misconduct while in the course of work. This demonstrated the employee’s lack of worry for work by carrying out the delinquency.
Under this situation the employer is not under any obligation to call and verify for unemployment. This is so because it was the actions and behavior of the employee that led to her absence from work. Thus, her absence from work was not caused by the employer. Consequently, since the employer did not call and verify for her employment then the employee is not entitled to receive any unemployment benefits.
