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: Joan Dourney, Respondent, vs. CMAK Corp., Relator, Department of Employment and Economic Development, Respondent.
Read the opinion in this case at A10-1003
CITATION: 796 N.W.2d 537 (Minn. Ct. App. 2011)
Also Filed: REALTOR'S BRIEF AND APPENDIX
Legal Issues in RESPONDENT-DEPARTMENT'S BRIEF AND APPENDIX:
Under the law, inadvertent conduct is not employment misconduct mandating the denial of unemployment benefits. Joan Dourney, a waitress who had worked at Panino's restaurant for ten years, was thinking about a food order and failed to obtain identification from a young woman who ordered an alcoholic beverage. The young woman turned out to be at least 23 years old. For this single incident, Doumey was discharged. Was her action inadvertent and therefore not employment misconduct? Unemployment Law Judge William Dixon concluded that Dourney was discharged for other than employment misconduct and was not ineligible for unemployment benefits.