From Casetext: Smarter Legal Research

McBride v. LeVasseur

Minnesota Court of Appeals
Dec 21, 1983
341 N.W.2d 299 (Minn. Ct. App. 1983)

Summary

holding that thirty-percent reduction in pay as result of change to hourly pay rate from monthly salary established good cause for quitting

Summary of this case from Palmer v. Coborn's, Inc.

Opinion

No. C1-83-1401.

December 21, 1983.

Dr. R.S. McBride, pro se.

Jane LeVasseur, pro se.

Hubert H. Humphrey, III, Atty. Gen., Laura E. Mattson, Sp. Asst. Atty. Gen., St. Paul, for Com'r of Economic Sec.

Considered and decided by PARKER, J., P.J., and WOZNIAK and LANSING, JJ., with oral argument waived.


OPINION


This appeal arises from a decision issued by a representative of the Commissioner of Economic Security on August 24, 1983. The representative ruled that respondent, Jane LeVasseur, discontinued her employment with good cause attributable to her employer and, therefore, was not disqualified from receiving unemployment compensation benefits under Minn.Stat. § 268.09, subd. 1(1) (1982).

Respondent voluntarily discontinued her employment as a chiropractic assistant when her employer unilaterally changed her salary from an agreed-upon monthly salary of $1,000 to a rate of $7 per hour. Under the facts of this case, the commissioner's representative found that this change resulted in a 30 percent diminution in pay.

The limited standard of review under Minn.Stat. § 15.0425 requires that findings of the Commissioner of Economic Security be viewed in the light most favorable to the decision, and if there is evidence reasonably tending to sustain them, they will not be disturbed. Booher v. Transport Clearings of Twin Cities, Inc., 260 N.W.2d 181, 183 (Minn. 1977). Reviewing the evidence in this record, we affirm the decision of the commissioner's representative.


Summaries of

McBride v. LeVasseur

Minnesota Court of Appeals
Dec 21, 1983
341 N.W.2d 299 (Minn. Ct. App. 1983)

holding that thirty-percent reduction in pay as result of change to hourly pay rate from monthly salary established good cause for quitting

Summary of this case from Palmer v. Coborn's, Inc.

holding that thirty-percent reduction in pay resulting from change to hourly pay rate from monthly salary established good cause for quitting

Summary of this case from Osborne v. Dick Olson Motors Inc.

holding that a reduction of 30% was a good cause

Summary of this case from Soder v. Stanley Steemer Carpet Cleaning

concluding that 30% reduction was good cause to quit

Summary of this case from Palmer v. Intermediate District #287

stating that a 30 percent reduction in pay resulting from change to hourly pay rate from monthly salary established good cause for quitting, but containing no discussion of complaint or requirement for complaint before quitting

Summary of this case from Thao v. Command Ctr., Inc.
Case details for

McBride v. LeVasseur

Case Details

Full title:Dr. R.S. McBRIDE, Relator, v. Jane LeVASSEUR, Respondent, and Commissioner…

Court:Minnesota Court of Appeals

Date published: Dec 21, 1983

Citations

341 N.W.2d 299 (Minn. Ct. App. 1983)

Citing Cases

Wood v. Menard, Inc.

See Sunstar Foods, Inc. v. Uhlendorf, 310 N.W.2d 80, 84 (Minn. 1981) (20-25% pay reduction was substantial,…

Thao v. Command Ctr., Inc.

Our research has further shown that in many cases addressing this issue, there was no discussion of any…