Summary
In Neihart v. Hayes Contractors, Inc., 357 N.W.2d 130 (Minn. Ct. App. 1984), an employee was discharged for taking a single two-and-one-half-hour lunch with a union representative without permission from his employer.
Summary of this case from DEL DEE FOODS, INC. v. MILLEROpinion
No. C1-84-1456.
November 6, 1984.
Appeal from the Commissioner of Economic Security.
Michael A. Welch, Forest Lake, for Neihart.
Terence M. Fruth, Kristin L. Arneson, Fredrikson Byron, P.A., Minneapolis, for Hayes Contractors, Inc.
Laura E. Mattson, Sp. Asst. Atty. Gen., St. Paul, for Com'r of Economic Sec.
Considered and decided by POPOVICH, C.J., and HUSPENI and FORSBERG, JJ., with oral argument waived.
SUMMARY OPINION
FACTS
Respondent Peter Neihart was discharged from his employment with relator Hayes Contractors, Inc. for taking an extended lunch without permission from his employer. It involved a single 2 1/2 hour absence at a restaurant near the job site with a union representative. The Commissioner of Economic Security determined the discharge was for reasons other than misconduct and Neihart was not disqualified from receiving unemployment compensation benefits, citing Minn. Stat. § 268.09, subd. 1(2) (Supp. 1983); Tilseth v. Midwest Lumber Co., 295 Minn. 372, 204 N.W.2d 644 (1973). Hoemberg v. Watco, 343 N.W.2d 676 (Minn.Ct.App. 1984).
DECISION
In economic security cases, this court's scope of review is limited. Reviewing the findings in the light most favorable to the decision, we find the evidence reasonably tends to sustain the Commissioner's findings. White v. Metropolitan Medical Center, 332 N.W.2d 25, 26 (Minn. 1983); Group Health Plan, Inc. v. Lopez, 341 N.W.2d 294, 296 (Minn.Ct.App. 1983).
Moeller v. Minnesota Department of Transportation, 281 N.W.2d 879, 882 (Minn. 1979), and Smith v. American Indian Chemical Dependency Diversion Project, 343 N.W.2d 43, 45 (Minn.Ct.App. 1984), recognized that absenteeism from work is misconduct. However, those cases, dealt with relatively long-term absences without any explanation or notice given and are distinguishable from this matter where the employer knew where Neihart was.
Affirmed.