Minnesota State Law Library
Shown here are the statements of the issues presented for review by the appellate courts in the briefs filed for this case. The entire brief set can be found at the State Law Library and other libraries around the state. See Minnesota Appellate Court Briefs Collection for more information.
CASE NAME: Clara S. Brown, Relator, vs. National American University, Respondent, Commissioner of Employment and Economic Development, Respondent.
Read the opinion in this case at A04-62
CITATION: 686 N.W.2d 329 (Minn.App. 2004)
Legal Issues in EMPLOYEE/RELATOR CLARA S. BROWN'S BRIEF:
The Commissioner of Employment and Economic Development's representative ("Commissioner") wrongfully denied Clara S. Brown ("Ms. Brown") unemployment compensation benefits concluding that Ms. Brown was disqualified from receiving such benefits based upon her purported employment misconduct. The issue in this appeal is as follows: Whether the Commissioner erred in denying Ms. Brown unemployment compensation benefits where the record does not support the Commissioner's findings that Ms. Brown knowingly violated any clearly articulated policy of her employer or disobeyed any clearly articulated directive of her employer. Apposite Cases, Statutes and Rules: Houston v. Int'l Data Transfer Corp., 645 N.W.2d 144 (Minn. 2002); Windsperger v. Broadway Liquor Outlet, 346 N.W.2d 142 (Minn. 1984); Riley v. Transp. Corp. of Am., Inc., 462 N.W.2d 604 (Minn. Ct. App. 1990); Tuckerman Optical v. Thoeny, 407 N.W.2d 491 (Minn. Ct. App. 1987); Minn. Stat. § 268.095, subd. 6 (2002).
Also Filed - EMPLOYEE/RELATOR CLARA S. BROWN'S APPENDIX
Legal Issues in RESPONDENT-COMMISSIONER'S BRIEF AND APPENDIX:
Whether the record reasonably supports that Clara S. Brown was discharged for employment misconduct because she borrowed money from students at the school where she worked after being warned several times to stop. The commissioner's representative, Kent E. Todd, decided in the affirmative. Most apposite statute: Minn. Stat. § 268.095, subd. 4 (2003); Minn. Stat. § 268.095, subd. 6 (2002 & 2003 Supp.).
Legal Issues in EMPLOYEE/RELATOR CLARA S. BROWN'S REPLY BRIEF:
The evidence does not support the Commissioner's determination that Ms. Brown committed employment misconduct. There is no evidence in the record that demonstrates that Ms. Brown violated any communicated University policy. There is no support in the record for the Commissioner's finding that Ms. Brown borrowed money from students after being warned that such conduct could result in termination. Ms. Brown did not engage in employment misconduct.