Hill v. Contract Beverages, Inc.
| Decision Date | 05 March 1976 |
| Docket Number | No. 45622,45622 |
| Parties | Terrence M. HILL, Relator, v. CONTRACT BEVERAGES, INC., Respondent, Commissioner of Employment Services, Respondent. |
| Court | Minnesota Supreme Court |
Terrence M. Hill, pro se.
Contract Beverages, Inc., pro se.
Warren Spannaus, Atty. Gen., Peter W. Sipkins, Sol. Gen., Peter C. Andrews, Asst. Atty. Gen., Frank W. Levin, Sp. Asst. Atty. Gen., St. Paul, for Comm. of Emp. Services.
Considered and decided by the court without oral argument.
Certiorari to the Department of Employment Services to review a decision of the commissioner of employment services disqualifying relator for unemployment benefits. We affirm.
Relator, a resident of St. Paul, was employed in November 1973 by Contract Beverages, Inc., respondent-employer, located in Eagan, Minnesota. When he was first employed, he was placed on the third shift (11 p.m. to 7:30 a.m.). After an intervening layoff, he was called back to work in March 1974. On this rehiring he was assigned to the first shift (7 a.m. to 3:30 p.m.).
When relator applied for work, he explained to the general manager of the employer that he had no car and there was no public transportation between his residence and the place of employment. According to relator, the general manager assured relator he would be able to obtain transportation from some fellow worker. Relator accepted the job upon the condition that he could 'find a ride certainly from someone.' While working on the third shift, relator had no transportation problems because he was able to obtain transportation from a fellow employee. In March, when rehired and placed on the first shift, relator had problems in obtaining transportation although he did succeed in intermittently obtaining rides to and from his residence.
Relator notified management of this difficulty and sought transfer to the third shift. Relator's request to be transferred to the third shift was denied by the employer because (a) his experience was needed on the first shift; (b) a more senior employee had requested the third shift; and (c) relator had personality conflicts with a lead man on the third shift.
In mid-May, an employee who had been providing transportation for relator was transferred to the second shift. Thereafter, relator was unable to arrange transportation with any other employee on the first shift. After relying on hitchhiking for a short time, relator found this to be an unreasonable burden and terminated his employment in May 1974.
The appeal tribunal found relator voluntarily discontinued his employment without good cause attributable to the employer and found him disqualified for 5 weeks of unemployment in addition to the waiting period; the maximum benefit amount payable was reduced by two times the weekly benefits; and the benefits were not charged to employer's rating. The commissioner affirmed the appeal tribunal, and this appeal followed.
Unemployment benefits are intended to extend to those who by no fault of their own are involuntarily unemployed. Kantor v. Honeywell,...
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Self v. Board of Review
...444, 357 N.E.2d 900, 905 (1976); Toothaker v. Maine Employment Sec. Comm'n, 217 A.2d 203 (Me.1966); Hill v. Contract Beverages, Inc., 307 Minn. 356, 240 N.W.2d 314, 316 (1976); Putnam v. Department of Employment Sec., 103 N.H. 495, 175 A.2d 519 (1962); Moya v. Employment Sec. Comm'n, 80 N.M......
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Work Connection, Inc. v. Bui, No. A07-0348.
...240 N.W.2d 314 (1976), a supreme court case, and several unpublished decisions of this court that deal with quit and job rejection situations. Hill determined that an applicant did not quit for good reason caused by the employer when he could no longer arrange transportation to an existing ......
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Werner v. Med. Prof'ls LLC, A09-1265.
...of transportation upon the employee, transportation is usually considered the problem of the employee.” Hill v. Contract Beverages, Inc., 307 Minn. 356, 358, 240 N.W.2d 314, 316 (1976). While an employee may have a good personal reason for quitting, it does not necessarily constitute a good......
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...Tilseth standard. It is true that transportation is generally considered the problem of an employee. See Hill v. Contract Beverages, Inc., 307 Minn. 356, 358, 240 N.W.2d 314, 316 (1976); Priess v. Commissioner of Economic Security, 347 N.W.2d 74 (Minn.Ct.App.1984). However, Deering believed......