Berzac v. Marsden Bldg. Maintenance Co.

• Decision Date: 06 November 1981
• Docket Number: No. 51588,51419.,51588
• Citation: Berzac v. Marsden Bldg. Maintenance Co., 311 N.W.2d 873 (Minn. 1981)
• Parties: John BERZAC, Relator, v. MARSDEN BUILDING MAINTENANCE CO., Respondent, Department of Economic Security, Respondent, and Delia J. RECH (Noyes), Relator, v. McDONALD'S RESTAURANTS OF MINNESOTA, INC., Respondents, Commissioner of Economic Security, Respondent.
• Court: Minnesota Supreme Court

311 N.W.2d 873 (1981)

John BERZAC, Relator, v.MARSDEN BUILDING MAINTENANCE CO., Respondent,Department of Economic Security, Respondent, andDelia J. RECH (Noyes), Relator, v.McDONALD'S RESTAURANTS OF MINNESOTA, INC., Respondents,Commissioner of Economic Security, Respondent.

Nos. 51588, 51419.

Supreme Court of Minnesota.

November 6, 1981.

Southern Minn. Regional Legal Services, Martha A. Eaves and Bruce Beneke, St. Paul, for Berzac.

Mary E. Everett, St. Cloud Area Legal Services Assoc., Little Falls, for Rech.

Warren Spannaus, Atty. Gen., James A. Jorgensen, Sp. Asst. Atty. Gen., St. Paul, for Department of Economic Security.

Considered and decided by the court en banc without oral argument.

OPINION

PER CURIAM.

Employees-relators John Berzac(Case No. 51588) and Delia J. Rech(Noyes)(51419) obtained writs of certiorari to review their respective decisions of the Commissioner, Department of Economic Security, to the effect that each had voluntarily discontinued his/her employment without good cause attributable to the employer and was therefore disqualified from the receipt of unemployment compensation benefits.We reverse and remand to the department for proceedings consistent with this opinion.

Relator Berzac was employed as a janitor by the Marsden Building Maintenance Company for the period from October 1, 1979, until February 22, 1980, at a rate of compensation of $3.72 per hour for a 17½-hour week.During this time, he also worked full time for another employer, earning $7 per hour.

Claimant Berzac decided, based upon some minor health problems, that it was too difficult to hold two jobs at once and decided to quit his part-time job.He therefore gave notice to Marsden on February 7, 1980 that his termination would be effective on February 22, 1980.Coincidentally, on that same date, Berzac was laid off his full-time job without notice and found himself completely unemployed.

Relator Rech was employed on a part-time basis by McDonald's Restaurants for the period from October 29, 1979, through November 1, 1979, at a final rate of compensation of $2.90 per hour.The record reflects that she had taken this particular position because her primary employment as a school bus driver for L & K Ready Mix left her with free time around the noon hour.McDonald's hired her with the knowledge and understanding that this was a trial employment and was secondary to her driving job.

Claimant Rech worked at McDonald's for approximately 7 hours over a 3-day period but found that to arrive on time for this part-time job, she had to "rush" her kindergarten route.She therefore quit her job at McDonald's on November 1, 1979.At the time she filed her resignation notice with McDonald's, she had no knowledge that she was about to be laid off from her job as a school bus driver.The layoff by L & K occurred 10 days later.

In each of the cases presented, the employee, rendered totally unemployed, filed valid claim petitions attempting to secure unemployment compensation benefits.The record does not reflect whether the claim petitions were directed to each of the relators' employers and it is unclear whether those employers not named participated in the decisional process.

In each case, the claims deputy denied benefits, finding that the employee had voluntarily terminated his/her employment.The determinations were affirmed by the appeals tribunal and further review was sought from the representative of the commissioner.In affirming the prior decisions, the representative recognized the harshness of the result of its interpretation of Minn. Stat. § 268.09, subd. 1(1)(1980), but concluded that had the...