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: Daniel P. Wichmann, Relator, vs. Travalia & U.S. Directives, Inc., Respondent, Department of Employment and Economic Development, Respondent.
Read the opinion in this case at A06-677
CITATION: 729 N.W.2d 23 (Minn. Ct. App. 2007)
Legal Issues in RELATOR'S BRIEF AND APPENDIX:
- Did the ULJ state an improper standard for the Employee's responsibility to the Employer in cases where there is absence caused by illness? The ULJ stated that the Employee was required to "see that another employee took care of his duties" when he was sick. Most Apposite Authority: Minn. Stat. § 268.095, subd. 4(1) (2004).
- Did the ULJ fail to make statutorily required credibility findings where the case hinged on the credibility of the participants? The ULJ made no credibility finding. Most Apposite Authority: Minn. Stat. § 268.105, subd. 1 (c) (2005).
- Did the ULJ fail in its duties to conduct the hearing as an evidence gathering inquiry and to assist pro se parties? The ULJ did not explicitly consider these duties. Miller v. Int'l Express Corp, 495 N.W.2d 616, 618 (Minn. App. 1993); Ntamere v. Decision One Corporation, 673 N.W.2d 179 (Minn.App. 2003). Minn. Stat. § 268.105, subd. 1 (b) (2005). Minn. R. 3310.2921 (2005).
Legal Issues in RESPONDENT - DEPARTMENT BRIEF AND APPENDIX:
- Employees whose conduct shows a serious violation of the employer's reasonable expectations, or whose conduct shows a substantial lack of concern for their employment, are disqualified from receiving unemployment benefits. Daniel P. Wichmann was discharged after repeatedly failing to care for the horses he was expected to care for, or to provide notice of his absence so that arrangements could be made for the shift to be covered. Is Wichmann disqualified from receiving benefits?