Larson v. Department of Economic Sec.

• Citation: 281 NW 2d 667
• Decision Date: 01 June 1979
• Docket Number: No. 49287.,49287.
• Parties: Steven LARSON, Relator, v. DEPARTMENT OF ECONOMIC SECURITY, Orpheum Minneapolis Cinema Corp., Respondents.
• Court: Minnesota Supreme Court

281 N.W.2d 667 (1979)

Steven LARSON, Relator, v. DEPARTMENT OF ECONOMIC SECURITY, Orpheum Minneapolis Cinema Corp., Respondents.

No. 49287.

Supreme Court of Minnesota.

June 1, 1979.

Richard J. Fuller, Legal Aid Society of Minneapolis, Inc., Minneapolis, for relator.

Warren Spannaus, Atty. Gen., St. Paul, Broeker, Hartfeldt, Hedges & Grant, and Steven R. Hedges, Minneapolis, for respondents.

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

PER CURIAM.

Relator, Steven Larson, appeals from the decision of the Commissioner, Department of Economic Security, filed August 17, 1978, denying him unemployment compensation benefits upon the basis that he voluntarily discontinued his employment without good cause attributable to the employer. We affirm.

Relator commenced his employment as a janitor at the Orpheum Theater on October 15, 1977. Approximately 3 months later, on January 23, 1978, he terminated his employment when he failed to appear for his scheduled work shift without notice to his employer. He filed his claim petition on February 5, 1978, stating that he terminated because he "was treated poorly by fellow employees" and that he did not report to work as scheduled because he "decided to quit."

The denial of his claim for unemployment compensation benefits by the claims deputy prompted relator's appeal to the appeals tribunal. At the hearing conducted by the tribunal, he testified that shortly after he began work, one of his coworkers spat upon him and teased him. He stated that the taunting occurred on a nightly basis, but that he did not first inform his supervisor, the manager, until approximately 6 weeks had elapsed. At that time the manager was told only of the spitting incident. The manager promised to speak with the co-workers and asked the relator to notify him if the conduct either continued or became more abusive. Relator testified that thereafter the taunting continued and that the coworker at one time threw paper "pop cups" at him and on another occasion struck him in the stomach. The record is clear that relator never provided the manager with additional information.

George Stephens, manager of the Orpheum Theater, stated that the assistant manager was informed by relator that he left his employment because the work was too difficult and that there was never any mention of continued threats from the coworker. Additionally, he testified that, had he known that the conduct persisted, he would have taken remedial action to facilitate a better working climate for his staff.

By decision dated May 8, 1978, the tribunal found that relator had voluntarily discontinued his employment without good cause attributable to his employer. Minn.St. 268.09, subd. 1. The tribunal reasoned that relator terminated his employment without notice or explanation to the manager and that, while he knew that he should have informed his superior that the abuse...