This opinion will be unpublished and
may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (2004).
IN COURT OF APPEALS
Heartland Employment Services, Inc.,
Department of Employment and Economic Development,
Filed September 20, 2005
Toussaint, Chief Judge
Heartland Employment Services, Inc., 1752 Terrace Drive, Roseville, MN 55113 (respondent)
Linda A. Holmes, Department of Employment and Economic Development, 332 Minnesota Street, Suite E200, St. Paul, MN 55101-1351 (for respondent Department)
U N P U B L I S H E D O P I N I O N
TOUSSAINT, Chief Judge
Relator Theresa L. Hodges challenges the decision of the senior unemployment review judge (SURJ) that she is disqualified from receiving unemployment benefits because she voluntarily quit her employment without good cause attributable to her employer. Because the record reasonably supports the decision, we affirm.
Relator began working for respondent Heartland Employment Services, Inc. (Heartland) on November 5, 2001. Heartland’s policy is to grant personal leaves of absence on a 30-day basis and renew them for additional 30-day periods upon request and when appropriate. In early September 2004, relator requested an open-ended leave of absence to find a daycare provider for her infant child. Heartland authorized relator to take a 30-day leave of absence from September 7 to October 7, 2004. When the leave began, relator’s supervising administrator reminded her that an authorized personal leave does not constitute a guarantee of continuing employment and urged her to return to work as soon as possible.
On September 18, 2004, relator received paperwork she was required to complete to extend the leave authorization past October 7, 2004. Relator did not return the paperwork until October 12, 2004. On October 18, 2004, relator called her supervising administrator to tell him that she was continuing her leave and that she did not know when she could return to work; the administrator informed relator that her leave was no longer authorized because she had failed to timely return the paperwork. The administrator informed relator that she no longer had a job because her authorized leave of absence had ended and she refused to indicate when she would return from her unauthorized leave. An unemployment law judge determined that relator is disqualified from receiving unemployment benefits because she voluntarily quit her employment without good cause attributable to her employer. A SURJ adopted the conclusion, and relator appealed by writ of certiorari.
This court reviews the record to
determine whether it reasonably supports the decision of the SURJ. Tuff v.
Knitcraft Corp., 526 N.W.2d 50, 51 (
An employee who quits is
disqualified from receiving unemployment benefits unless she does so quits for
“a good reason caused by the employer.” Minn. Stat. § 268.095, subd. 1(1)
(2004). A “quit . . . occurs when the
decision to end the employment was, at the time the employment ended, the
Here, relator completed an
authorized leave of absence on October 7, 2004, at which point she failed to timely
submit another leave-authorization request, return to work, indicate to her
employer when she might return, or request a finite extension of her
leave. The SURJ concluded that by
telling her employer that she would not be coming into work until an indefinite
future date, if at all, relator effectively quit her employment for a reason
not caused by her employer. Relator
maintains that she did not quit, but was discharged. A “discharge . . . occurs when any words or
actions by an employer would lead a reasonable employee to believe that the
employer will no longer allow the employee to work for the employer in any