Goodman v. Minnesota Dept. of Employment Services, 47116

• Decision Date: 15 April 1977
• Docket Number: No. 47116,47116
• Citation: 312 Minn. 551,255 N.W.2d 222
• Parties: James GOODMAN, Relator, v. MINNESOTA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent.
• Court: Minnesota Supreme Court

Page 222

255 N.W.2d 222

312 Minn. 551

James GOODMAN, Relator, v. MINNESOTA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent.

No. 47116.

Supreme Court of Minnesota.

April 15, 1977.

Michael Fargione, Legal Aid Society of Minneapolis, Minneapolis, for relator.

Warren Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., Peter C. Andrews, Asst. Atty. Gen., William G. Brown, Special Asst. Atty. Gen., St. Paul, for respondent.

Considered and decided by the court without oral argument.

PER CURIAM.

Writ of certiorari to review a decision of the commissioner of employment services holding claimant ineligible for unemployment compensation because he was "unavailable for work" within the meaning of Minn.St.1974, § 268.08, subd. 1(3). We reverse and remand on the ground that the commissioner applied an erroneous theory of law in concluding that claimant was unavailable for work.

In Hansen v. Continental Can Co., 301 Minn. 185, 221 N.W.2d 670 (1974), we reversed a decision of the commissioner which denied compensation solely on the ground that the claimant was attending college on a full-time basis. In doing so, we stated as follows:

"Minn.St.1971, § 268.08, subd. 1(3), does not require a claimant to remain idle.

Attending college does not by definition make a claimant unavailable for work. A claimant must be 'accessible or attainable for work when suitable work is offered at such hours as are customary in the type of employment to which he is suited.' He must be 'genuinely attached to the labor market.' Olson v. Starkey, 259 Minn. 364, 371, 107 N.W.2d 386, 391 (1961). A claimant 'may not limit (his) availability because of personal or domestic reasons unrelated to (his) employment.' Thompson v. Schraiber, 253 Minn. 46, 48, 90 N.W.2d 915, 916 (1958). The claimant should be interested, willing, and ready to accept available employment. Olson v. Starkey, supra. But the statute does not restrict the claimant from pursuing his interests while unemployed. A claimant may further his education while unemployed and still receive benefits so long as he meets the statutory requirements for eligibility and the tests for availability.

"Relator in the instant case meets all these tests of availability. He placed no conditions or restraints on his availability. He offered to quit school or switch shifts in order to secure employment. At no time did he limit his accessibility or reject employment. No evidence was presented to show a lack of interest in work or an unwillingness to work. All the evidence demonstrated his availability for work.

"We limit this holding to the facts of the instant case, where the relator expressed his willingness to accept employment at any time and even to quit school to do so. Those involuntarily unemployed still must actively seek employment, not place conditions or restrictions on their availability, and be a genuine part of the labor force. We do not hold in any way that a student may refuse daytime employment and collect benefits merely because he customarily worked the night shift. Even if the student meets the initial...