Briefs filed in Dean Halvorson, Relator, vs. County of Anoka, Respondent, Department of Employment and Economic Development, Respondent.

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Minnesota Appellate Court Issues in Briefs

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:  Dean Halvorson, Relator, vs. County of Anoka, Respondent, Department of Employment and Economic Development, Respondent.
        Read the opinion in this case at A09-672
        CITATION: 780 N.W.2d 385 (Minn. Ct. App. 2010)

Legal Issues in RELATOR'S BRIEF AND APPENDIX:
  • 1. Did the Commissioner's representative err as a matter of law by concluding that Mr. Halvorson was employed by an educational institution and was therefore ineligible for unemployment benefits during the summer? The Department of Employment and Economic Development held in the negative.
  • 2. Did the Commissioner's representative err when determining Mr. Halvorson's unemployment was in between academic years, and therefore, he was ineligible for unemployment benefits. The Department of Employment and Economic Development held in the negative. Apposite Statute: Minn. Stat. 268.085 (2008).
  • Legal Issues in RESPONDENT-DEPARTMENT'S BRIEF AND APPENDIX:
  • Under the law, a teacher who does not work during the time between terms or academic years, who has teaching work in the upcoming academic year, is not entitled to collect unemployment benefits based on the wage credits earned from his employment with an educational institution. Dean Halvorson taught full-time at the Pines School, an educational institution run by Anoka County and housed in a juvenile correction facility. Halvorson had previously taught year-round, but when dropping enrollment led the Pines School to shorten its summer session, Halvorson applied for unemployment benefits for those weeks when he did not work. Can Halvorson use the wage credits earned at Pines School for unemployment benefits purposes for the summer of 2008? The Unemployment Law Judge Katherine Karsh found that Halvorson was covered by the statute limiting teachers' ability to use wage credits earned at educational institutions, and was ineligible for unemployment benefits.
  • Legal Issues in RELATOR'S REPLY BRIEF:
  • Pines School is not an "educational institution" under the unemployment statutes, nor does it become an "educational institution" under Minnesota Statutes 1240.96.

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