Rootes v. Wal-Mart Associates, Inc., A03-233.

• Decision Date: 30 September 2003
• Docket Number: No. A03-233.,A03-233.
• Citation: 669 N.W.2d 416
• Parties: Jennifer L. ROOTES, Relator, v. WAL-MART ASSOCIATES, INC., Respondent, Commissioner of Employment and Economic Development, Respondent.
• Court: Minnesota Court of Appeals

669 N.W.2d 416

Jennifer L. ROOTES, Relator, v. WAL-MART ASSOCIATES, INC., Respondent, Commissioner of Employment and Economic Development, Respondent.

No. A03-233.

Court of Appeals of Minnesota.

September 30, 2003.

Amy B. Mohberg, Central Minnesota Legal Services, St. Cloud, MN, for relator.

Wal-Mart Associates, Inc., St. Louis, MO, respondent.

Lee B. Nelson, Philip B. Byrne, Department of Employment and Economic Development, St. Paul, MN, for respondent Commissioner.

Considered and decided by KALITOWSKI, Presiding Judge; TOUSSAINT, Chief Judge; and SCHUMACHER, Judge.

OPINION

ROBERT H. SCHUMACHER, Judge.

In this certiorari appeal, relator Jennifer L. Rootes challenges a determination by the commissioner's representative that she was disqualified from receiving unemployment benefits. The commissioner's representative found she voluntarily quit her employment with respondent Wal-Mart Associates, Inc. without good reason caused by Wal-Mart. We reverse.

FACTS

Rootes was a grocery department manager for Wal-Mart. She was employed from November 2000 until May 6, 2002. In February 2002, Wal-Mart warned Rootes that she was not adequately performing her duties. Later that spring, Wal-Mart gave Rootes a "D-day," a paid day off where an employee decides if he or she wants to stay in his or her current position. Rootes chose to retain her position and submitted a plan detailing how she would improve her performance. The plan was accepted, and she was allowed to continue as department manager.

A few months later, Rootes's supervisor informed her she was not adequately performing her job and would need to decide by the end of her shift whether she would resign or accept a lesser position. Rootes left work without speaking to anyone. The next day, Rootes called in sick. At some point following her weekend off, Rootes decided to quit rather than accept the demotion.

Prior to her decision to quit, Rootes worked Monday through Friday from 7 a.m. to 4 p.m. She was paid $11.13 per hour. Rootes was confident that if she accepted a demotion her pay would be decreased, the hours she worked would change considerably, and she would have to work weekends. Rootes never asked for details regarding the effects of demotion. Wal-Mart concedes it likely would have demoted Rootes to a stocking or cashier position, reducing her wages by $1.75 per hour and requiring her to work a different shift, including weekends.

Rootes sought unemployment benefits. An unemployment law judge determined Rootes quit but was eligible for benefits because she quit for good reason caused by Wal-Mart. On appeal, the commissioner's representative concluded Rootes did not quit for a good reason caused by Wal-Mart because an average reasonable person would not quit and become unemployed without first confirming the conditions of her new position. Based on this conclusion, the commissioner's representative determined Rootes was disqualified from receiving unemployment benefits under Minn.Stat. § 268.095, subd. 1(1) (2002).

ISSUE

Did Rootes quit for good reason caused by her employer?

ANALYSIS

Because it is undisputed Rootes voluntarily quit her job, the dispositive issue is whether Rootes quit for good reason caused by Wal-Mart. This is a question of law we review de novo. Biegner v. Bloomington Chrysler/Plymouth, Inc., 426 N.W.2d 483, 485 (Minn.App.1988).

When an employee voluntarily quits, the employee is entitled to unemployment benefits if the decision to quit is the result of a good reason caused by the employer. Minn.Stat. § 268.095 subd. 1(1) (2002). A good reason to quit is one "directly related to the employment ... for which the employer is responsible" and must be significant enough to "compel an average, reasonable worker to quit and become unemployed rather than remaining in the employment." Minn.Stat. § 268.095, subd. 3(a)(1), (2) (2002).

What constitutes good reason caused by the employer is defined exclusively by statute. Minn.Stat. § 268.095, subd. 3(f) (2002). The legislature has determined an average, reasonable worker has good reason to quit when faced with substantial adverse changes in wages, hours or other terms of employment. See id., subd. 3(c) (2002) (stating "substantial adverse change in the wages, hours, or other terms of employment by the employer shall be considered a good reason caused by the employer for quitting unless the change occurred because of the applicant's employment misconduct") (emphasis added). The rules of statutory construction state "shall" is mandatory. Minn.Stat. § 645.44 subd. 16 (2002).

Thus, the legislature has unambiguously provided that, absent employee misconduct, an employee may quit for good reason caused by the employer if there was a substantial adverse change in wages, hours or other terms of employment. "When the language of a statute is plain and unambiguous, it ... must be given effect." Burkstrand v. Burkstrand, 632 N.W.2d 206, 210 (Minn.2001). Here, Wal-Mart and respondent Commissioner of Employment and Economic Development made no claim that Rootes committed employee misconduct. The sole question is whether Rootes's demotion would have resulted in substantial changes under Minn.Stat. § 268.095, subd. 3(c).

Substantial is defined as ...