Minn. Stat. §480A.08, subd. 3 (1996).
STATE OF MINNESOTA
IN COURT OF APPEALS
Minnesota Correctional Facility - Lino Lakes,
Commissioner of Economic Security,
Department of Economic Security
Agency No. 10841 UC 96
Minnesota Correctional Facility - Lino Lakes, Minnesota Department of Corrections, 7525 - 4th Avenue, Lino Lakes, MN 55014 (Respondent-Employer)
Kent E. Todd, Minnesota Department of Economic Security, 390 North Robert Street, St. Paul, MN 55101 (for Respondent-Commissioner)
Considered and decided by Willis, Presiding Judge, Norton, Judge, and Schumacher, Judge.
Relator John H. Roberson, a corrections officer, was terminated by his employer, respondent Minnesota Correctional Facility - Lino Lakes. He filed a claim for reemployment insurance benefits. The commissioner's representative denied his claim because Roberson committed misconduct. Roberson's breach of employee regulations constitutes misconduct. We affirm.
conduct evincing such wilful or wanton disregard of an employer's interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee * * * or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer.
Tilseth v. Midwest Lumber Co., 295 Minn. 372, 374-75, 204 N.W.2d 644, 646 (1973) (quoting Boynton Cab Co. v. Neubeck, 296 N.W. 636, 640 (Wis. 1941)). Misconduct does not include "good faith errors in judgment or discretion." Id. at 375, 204 N.W.2d at 646.
Roberson admitted during an internal investigation that he had met the woman for lunch between 1:00 p.m. and 2:00 p.m. on a day he was supposed to be working until 4:00 p.m. Roberson's deliberate deception did not constitute an "error in judgment" because such an act does not call for judgment or discretion. Additionally, Roberson's failure to follow Lino Lakes' personal relationship policy, even though it coincidentally did not lead to a violative relationship, also represented a lack of due regard for Lino Lakes' policies. A correctional facility is different from a traditional employer because it must have confidence that its employees respect the rules that govern the facility. Given the unique nature of a correctional facility, Roberson's breach of employee regulations was sufficient to constitute misconduct.