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: Shahriar Vasseei, Relator, vs. Schmitty & Sons School Buses Inc., Respondent, Department of Employment and Economic Development, Respondent.
Read the opinion in this case at A10-423
CITATION: 793 N.W.2d 747 (Minn. Ct. App. 2010)
Legal Issues in RELATOR SHAHRIAR VASSEEI'S BRIEF, ADDENDUM AND APPENDIX:
Minnesota Statutes section 268.105, subdivision 2, permits a party to an evidentiary hearing before an unemployment law judge to request reconsideration of the ULJ's decision. The statute further provides that the ULJ must order an additional evidentiary hearing if the requesting party demonstrates that evidence not submitted at the hearing would likely change the outcome of the decision and there was good cause for not having previously submitted that evidence. Here, despite finding that the employer did not have good cause for failing to submit certain evidence at the initial evidentiary hearing, the ULJ held an additional evidentiary hearing and took additional evidence. Should this Court reverse the ULJ's decision to exceed its statutory authority? List of Most Apposite Cases: Rowe v. Dept. of Empl. & Econ. Dev., 704 N.W2d 191, 195 (Minn. Ct. App. 2005); Wichmann v. Travalia & U.S. Directives, Inc., 729 N.W.2d 23,28-9 (Minn. Ct. App. 2007); Jaskowiak v. CM Constr. Co., 717 N.W.2d 448,450-1 (Minn. Ct. App. 2006); Stottler v. Meyers Printing Co., 602 N.W.2d 916,918-19 (Minn. Ct. App. 1999). List of Most Apposite Statutes: Minn. Stat. § 268.105, subd. 2 (2010).
Legal Issues in RESPONDENT-DEPARTMENT'S BRIEF AND APPENDIX:
Under Minnesota law, an individual discharged from employment for violating the standards of behavior the employer has a right to expect from him commits employment misconduct and is ineligible for unemployment benefits. Schmitty & Sons School Buses, Inc. ("Schmitty & Sons") discharged driver Shahriar Vasseei after he hit and injured a bicyclist, and then continued driving his route without stopping. Vasseei had previously amassed a number of warnings for safety violations. Is Vasseei ineligible for benefits because he was discharged for employment misconduct? Unemployment Law Judge ("ULJ") Frank Villaume found that Vasseei was discharged because of employment misconduct, and was ineligible for unemployment benefits.
Also Filed: RELATOR SHAHRIAR VASSEEI'S REPLY BRIEF AND SUPPLEMENTAL APPENDIX