Hansen v. Continental Can Co.
| Decision Date | 13 September 1974 |
| Docket Number | No. 44595,44595 |
| Citation | 221 N.W.2d 670,301 Minn. 185 |
| Parties | Glenn H. HANSEN, Relator, v. CONTINENTAL CAN COMPANY, Respondent, Department of Manpower Services, Respondent. |
| Court | Minnesota Supreme Court |
James H. Manahan, Mankato, for relator.
Earl R. H. Knight, Mankato, for Continental Can.
Warren Spannaus, Atty. Gen., Jon Morgan, Sol. Gen., Peter C. Andrews, Asst. Atty. Gen., Gary C. Reiter, Special Asst. Atty. Gen., St. Paul, for Manpower Services.
Considered and decided by the court without oral argument.
Certiorari to review a decision of the commissioner of manpower services. The report of the commissioner found the relator ineligible for unemployment benefits because he was not 'available for work' within the meaning of Minn.St.1971, § 268.08, subd. 1(3). We reverse.
The essence of this appeal is whether § 268.08, subd. 1(3), was properly interpreted and correctly applied to the facts. Minn.St.1971, § 268.08, subd. 1(3), provides:
'An individual shall be eligible to receive benefits with respect to any week of unemployment only if the commissioner finds that:
'(3) He was able to work and was available for work, and was actively seeking work, provided that individual's weekly benefit amount shall be reduced one- fifth for each day such individual is unable to work or unavailable for work; provided further that benefits after December 31, 1971, shall not be denied by application of this clause to an individual who is in training with the approval of the commissioner.'
Relator was employed by Continental Can Company as a minster operator. Relator worked the second shift from 4 p.m. to 12:30 a.m. He worked 40 hours per week and received about $4.16 per hour. Relator was involuntarily laid off September 22, 1972.
Late in September 1972, he began his senior year at Mankato State College. He was seeking a Bachelor of Science degree in elementary education. At no time during this final year of education were his classes scheduled past 12 noon. Consequently, he was able to be a full-time employee at Continental Can and a full-time student at Mankato State College.
In late November 1972, relator made a claim for unemployment benefits, starting with the week of October 22, 1972. The representative of the commissioner decided that relator, by attending college during part of the customary working hours, had restricted the terms and conditions under which he would accept employment and was not unequivocally attached to the labor force. Accordingly, the representative of the commissioner determined that relator was not 'available for work.'
Relator testified that he informed the employment office of his willingness to quit school to secure employment. He said:
Relator was reemployed by Continental Can on February 5, 1973, and again worked the second shift while attending college.
With the exception that the representative of the commissioner determined he was not 'available for work,' relator met all other eligibility conditions prerequisite to receiving unemployment benefits.
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...
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Flores v. Department of Jobs and Training
...of employment. Goodman v. Minnesota Department of Employment Services, 312 Minn. 551, 255 N.W.2d 222 (1977); Hansen v. Continental Can Co., 301 Minn. 185, 221 N.W.2d 670 (1974); Olson v. Starkey, 259 Minn. 364, 107 N.W.2d 386 (1961). Availability however, requires more than just willingness......
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Davenport v. State, Dept. of Employment
...416 A.2d 1227 (Del.Super.1980); Goodman v. Minnesota Dept. of Employment Services, 255 N.W.2d 222 (Minn.1977); Hansen v. Continental Can Co., 301 Minn. 185, 221 N.W.2d 670 (1974); Golden v. Industrial Comm'n, Div. of Employment Security, 524 S.W.2d 34 (Mo.App.1975); Evjen v. Employment Divi......
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Mississippi Employment Sec. Com'n v. McLeod, 53731
...(Emphasis added) Cases from other jurisdictions holding that a student employee is entitled to benefits are: Hansen v. Continental Can Co., 301 Minn. 185, 221 N.W.2d 670 (1974) (awarding benefits); Petro v. Employment Division, Department of Human Resources, 32 Or.App. 17, 573 P.2d 1250 (19......
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Flores v. Department of Jobs and Training
...claimant should be interested, willing, and ready to accept available employment. Olson v. Starkey, supra. Hansen v. Continental Can Co., 301 Minn. 185, 221 N.W.2d 670, 672 (1974). A statute should be construed as a whole, and the meaning of the word should be determined from its context wi......