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: Bradley Bangtson, Relator, vs. Allina Medical Group (Corp), Respondent, Department of Employment and Economic Development, Respondent.
Read the opinion in this case at A08-1587
CITATION: 766 N.W.2d 328 (Minn. Ct. App. 2009)
Legal Issues in RELATOR'S BRIEF AND APPENDIX:
I. Is termination of employment effective at the time it is related to an employee if there is no further work or pay available? Most Apposite Cases: Neid v. Tassie's Bakery 219 Minn. 272, 17 N.W.2d 357 (Minn. 1945); Moore Assoc., LLC v. Comm'r of Econ. Sec., 545 N.W.2d 389 (Minn. App. 1996). Most Apposite Statute: Minn. Stat. § 268.095 subdiv. 5 (2006). II. Where an employee's misconduct shortens his employment by one day, is the disqualification from all unemployment benefits consistent with the policy underlying the Minnesota Unemployment Insurance Law? Most Apposite Cases: Fiskewold v. H.M. Smyth Co., Inc., 440 N.W.2d 164 (Minn. App. 1989); Reserve Min. Co. v. Anderson, 377 N.W.2d 494 (Minn. App. 1985); Smith v. Employers' Overload Co., 314 N.W.2d 220 (Minn. 1981). Most Apposite Statutes: Minn. Stat. § 268.03 (2006); Minn. Stat. § 268.095 subdiv. 7 (2006).
Legal Issues in RESPONDENT ALLINA MEDICAL GROUP'S BRIEF AND APPENDIX:
Whether the Unemployment Law Judge's (ULJ) determination that Relator was terminated for employment misconduct by Respondent Allina and, thus, is disqualified from receiving unemployment benefits is reasonably supported by the record. The ULJ concluded that Relator was disqualified. Most Apposite Authorities: Minn. Stat. § 268.095, subd. 6 (2008); Minn. Stat. § 268.105, subd. 7(d) (2008).
Legal Issues in RESPONDENT-DEPARTMEN'S BRIEF AND APPENDIX:
Employees, who are discharged due to conduct that shows a serious violation of the employer's reasonable expectations, or conduct that shows a substantial lack of concern for their employment, are ineligible for all unemployment benefits. Allina Medical Group discharged Bradley Bangston, an anesthesiologist, for attacking a co-wor ker after he was notified he would be discharged for stealing narcotics. It is undisputed that Dr. Bangston diverted narcotics for his own use on three separate occasions, and that when he was informed of an impending discharge, he physically assaulted his co-worker. Is Dr. Bangston ineligible for unemployment benefits? The UnemploymentLaw Judge found that Dr. Bangston was discharged for reasons of employment misconduct and that he was ineligible for all unemployment benefits.