Blau v. Masters Restaurant Associates, Inc.
| Citation | 345 N.W.2d 791 |
| Decision Date | 14 March 1984 |
| Docket Number | No. C0-83-1874,C0-83-1874 |
| Parties | James E. BLAU, Relator, v. MASTERS RESTAURANT ASSOCIATES, INC., d/b/a Monte Carlo Bar, Respondent, Commissioner of Economic Security, Respondent. |
| Court | Minnesota Court of Appeals |
Syllabus by the Court
An employee who leaves early without permission, lies about having permission, and then refuses to discuss the issue when confronted, is guilty of misconduct, disqualifying him from unemployment compensation.
Jane Kammerman, Bridget Ahmann, Student Atty., Minneapolis, for relator.
Masters Restaurant Assoc., pro se.
Regina M. Chu, Sp. Asst. Atty. Gen., St. Paul, for respondent.
Considered and decided by FOLEY, P.J., WOZNIAK and SEDGWICK, JJ., with oral argument waived.
James Blau appeals the decision of the Economic Security Department denying him unemployment benefits. Blau applied for benefits after he was fired from his job. A department claims deputy found Blau disqualified for misconduct. An appeal followed and the department referee affirmed the claims deputy. Blau appealed to the Commissioner and the Commissioner's representative affirmed the referee.
We affirm.
Blau worked part time as a dishwasher for Masters Restaurant Associates, Inc.'s Monte Carlo Bar. On July 15, 1983, he was scheduled to work from 11:30 a.m. to 5:00 p.m. Between 2:00 and 3:00 in the afternoon, he finished his dishwashing duties and punched out. On his way out, he ran into the general manager who questioned Blau's early departure. Blau told the general manager that the assistant manager and the assistant floor manager had given him permission to leave work without prior permission whenever he finished early.
The general manager checked with the assistant floor manager to see if Blau had gotten permission to leave early whenever he finished his work. The assistant floor manager denied giving a blanket permission of leave although she had several times given Blau permission to go when he had asked. The assistant manager had never given Blau permission to leave without notifying a supervisor.
On July 20, 1983, the general manager confronted Blau. The general manager asked Blau to explain why he had lied. Blau refused to discuss the matter. He was discharged.
In a written explanation to the claims deputy, the employer stated the reasons for Blau's termination as "foul language--walking off the job--would not discuss problem with manager." At the hearing, Blau claimed an old manager who had since left gave him permission to leave whenever he finished his dishwashing tasks. The restaurant's general manager testified that Blau had been told numerous times that his duties went beyond dishwashing to include sweeping, cleaning, putting stock away, and other tasks around the restaurant. Blau testified that he left work without permission at least 30 times.
1. Was Blau guilty of misconduct for leaving early, for misrepresenting his authority to set his own hours, and for refusing to discuss his actions?
2. Did Blau have sufficient notice of the matters to be determined at the hearing?
1. The commissioner's findings must be reviewed in the light most favorable to the decision and if there is evidence reasonably tending to sustain them, they are not disturbed. White v. Metropolitan Medical Center, 332 N.W.2d 25, 26 (Minn.1983); Group Health Plan, Inc. v. Lopez, 341 N.W.2d 294, 296 (Minn.App.1983).
An employee fired for misconduct is disqualified from receiving unemployment benefits. Minn.Stat. Sec. 268.09(1)(1) (1982). Misconduct is:
limited to conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. On the other hand mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good-faith errors in judgment or discretion are not to be deemed "misconduct."
Tilseth v. Midwest Lumber Co., 295 Minn. 372, 375, 204 N.W.2d 644, 646 (1973); see also Smith v. American Indian Chemical Dependency Diversion Project, 343 N.W.2d 43 (Minn.App.1984); Group Health Plan, Inc. v. Lopez, 341 N.W.2d 294 (Minn.App.1983). The employer has the burden of proving misconduct. Plowman v. Copeland, Buhl & Co., 261 N.W.2d 581, 585 (Minn.1977).
Although conflicting testimony...
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