Whether in the quiet town of Hugo or the prestigious walls of the Mayo Clinic, employees get fired. If the termination is contentious, the determination of whether the employee was terminated for misconduct will surface in the context of eligibility for unemployment benefits. What is employee misconduct?
Minnesota employers, whether in Hugo, White Bear Lake, or otherwise, are governed by the same definition of employment misconduct. Employment misconduct is defined as “any intentional, negligent, or indifferent conduct, on the job or off the job that displays clearly: (1) a serious violation of the standards of behavior the employer has the right to reasonably expect of the employee; or (2) a substantial lack of concern for the employment.” Minn. Stat. § 268.095 subd. 6 (2016). Refusing to abide by an employer's reasonable policies and requests ordinarily amounts to employment misconduct. Schmidgall v. FilmTec Corp., 644 N.W.2d 801, 804 (Minn. 2002).
Like most aspects of, there is no absolute certainty from the above. But, it's the law and the law is what will be applied. Employers should use the above to prepare for unemployment hearings and focus their arguments on the law and facts that support the law. I can help with that preparation, so let's talk and see if my assistance is right for you and your case.
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