This opinion will be unpublished and
may not be cited except as provided by
Minn. Stat. §480A.08, subd. 3 (1998).
STATE OF MINNESOTA
IN COURT OF APPEALS
Gregory P. Snyder,
Changer Services, Inc.,
Commissioner of Economic Security,
Filed January 25, 2000
Department of Economic Security
Agency File No. 831UC99
Gregory P. Snyder, 9937 Cavell Avenue South, Bloomington, MN 55438 (pro se relator)
Daniel Young, Murnane Conlin White & Brandt, 1800 Piper Jaffray Plaza, 444 Cedar Street, St. Paul, MN 55101 (for respondent Changer Services, Inc.)
Kent E. Todd, Department of Economic Security, 390 North Robert Street, St. Paul, MN 55101 (for respondent Commissioner)
Considered and decided by Willis, Presiding Judge, Short, Judge, and Anderson, Judge.
U N P U B L I S H E D O P I N I O N
Pro se relator Gregory P. Snyder challenges the denial of reemployment insurance benefits, arguing that he was forced to quit his employment because his employer would not change Snyder’s work schedule to make it compatible with the hours Snyder’s children were in child care. Because Snyder has not demonstrated a good reason caused by his employer to quit his employment, we affirm.
Snyder challenges the decision of the representative of respondent Commissioner of Economic Security that he quit his employment without good reason caused by his employer, Changer Services.
In June 1998, Snyder began part-time employment as a vending-machine repairman for Changer Services. Snyder’s work schedule was flexible and contingent on his need to pick up his children from day care. On November 30, 1998, Changer Services presented Snyder with a work schedule, effective immediately, in response to Snyder’s request for a written schedule and Changer Services’ desire for consistency in Snyder’s routine. The new schedule provided, in part, that Snyder would (1) take one-hour lunch breaks, (2) leave work a half-hour early on Wednesdays to pick up his children from day care, and (3) start and end work an hour later on Thursdays to accommodate delivering his children to day care in the morning. The schedule also required that any changes must be approved by Changer Services’ owner or operations manager at least one day in advance. On December 2, 1998, Snyder proposed a new schedule to accommodate further his children’s day-care schedule. Changer Services’ operations manager, Gregory Rutherford, told Snyder that he must work the schedule proposed November 30 or leave his employment. When Snyder responded that he could not work on that schedule, Rutherford asked him whether he wanted to leave immediately or at the end of the week. Snyder left immediately.
D E C I S I O N
To qualify for reemployment benefits, an employee who resigns voluntarily from employment has the burden of proving that he quit for a good reason caused by his employer. See Kampa v. Normandale Tennis Club, 393 N.W.2d 195, 197 (Minn. App. 1986), review denied (Minn. Nov. 17, 1986). This court defers to the findings of the commissioner's representative and will not disturb those findings if there is any evidence reasonably tending to support them. Id.
Here, the commissioner’s representative determined that because Snyder quit instead of adapting to the work schedule presented by his employer or requesting modifications on an as-needed basis, he was disqualified from receiving reemployment benefits. A claimant who quits employment is disqualified from benefits. Minn. Stat. § 268.095, subd. 1 (1998); see, e.g., Kehoe v. Minnesota Dep’t of Econ. Sec., 568 N.W.2d 889, 890 (Minn. App. 1997) (applying section 268.09, subd. 1a (1996)). But an exception exists when a good reason to quit has been caused by the employer. Minn. Stat. § 268.095, subd. 1(1).
Given the remedial purpose of the reemployment-insurance statutes, broad interpretation in favor of awarding benefits is preferred. Smith v. Employers' Overload Co., 314 N.W.2d 220, 221-22 (Minn. 1981). But the legislature has declared that it is the public policy of this state to grant benefits only to persons who are unemployed through no fault of their own. McGowan v. Executive Exp. Transp. Enters., Inc., 420 N.W.2d 592, 595 (Minn. 1988).
Snyder failed either to make alternative child-care arrangements or to request modifications to his schedule on an as-needed basis. We have previously held that similar scheduling problems are not good reason caused by an employer to quit employment. Kampa, 393 N.W.2d at 197. The record supports the determination of the commissioner’s representative that Snyder did not quit his employment for a good reason caused by his employer.