This opinion will be unpublished and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
Brake Tru, Inc.,
Department of Employment and Economic Development,
Minnesota Department of Employment and Economic Development
File No. 18182 04
Richard I. Diamond, Jesse H. Kibort, Richard I. Diamond, P.A., 601 Carlson Parkway, Suite 1050, Minnetonka, MN 55305 (for relator)
Brake Tru, Inc., 5733 Dumas Avenue, Minnetonka, MN 55345-5108 (respondent)
Lee B. Nelson, Linda A. Holmes, Department of Employment and Economic Development, E200 First National Bank Building, 332 Minnesota Street, St. Paul, MN 55101 (for respondent Commissioner)
Considered and decided by Halbrooks, Presiding Judge; Klaphake, Judge; and Wright, Judge.
Relator challenges the decision of the senior unemployment review judge that relator is disqualified from receiving unemployment benefits because he was discharged for employment misconduct. We affirm.
Relator Dennis Campbell is part owner of the Strategic Business Group (SBG) management consulting company. In 2001, SBG contracted with respondent Brake Tru to provide consulting services. Campbell also agreed to become vice president of sales and marketing for Brake Tru. Patrick Grinde, Campbell’s SBG business partner, was hired as Brake Tru’s president.
On November 3, 2003,
Campbell applied for unemployment benefits from the Department of Employment and Economic Development (department). The department’s adjudicator determined that Campbell was not discharged for employment misconduct and, therefore, was qualified to receive unemployment benefits. Brake Tru appealed the department’s determination to an unemployment law judge (ULJ), arguing that Campbell had engaged in self-serving conduct that was adverse to Brake Tru’s interests. The ULJ concluded that Campbell was discharged for employment misconduct, and Campbell appealed to a senior unemployment review judge (SURJ). The SURJ upheld the disqualification, finding that Brake Tru’s board had discharged Campbell for employment misconduct. This certiorari appeal followed.