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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:  Shouna Thao, Relator, vs. Command Center, Inc., Respondent, Department of Employment and Economic Development, Respondent.
        Read the opinion in this case at A12-0068
        CITATION: 824 N.W.2d 1 (Minn. Ct. App. 2012)

Legal Issues in RELATOR'S BRIEF AND APPENDIX:
  • Where an employer informs an employee that her hours will be reduced by 50% or more, is the worker required to affirmatively complain and give the employer an opportunity to correct the reduction in hours before she can be considered to have a good reason to quit caused by the employer for purposes of Unemployment Insurance benefits? The ULJ ruled that under MINN. STAT. § 268.095, subd. 3(c), Relator is required to complain and give the employer a reasonable opportunity to correct the "adverse working condition" of reduced hours before she can quit with good cause. Most apposite authorities: MINN. STAT. § 268.095, subds. 1(1), 3(a), (c); MINN. STAT. § 268.031, subd. 2; ROOTES V. WAL-MART ASSOCIATES, INC., 669 N.W.2d 416 (Minn. App. 2003); PORRAZZO V. NABISCO, INC., 360 N.W.2d 662 (Minn. App. 1985).
  • Legal Issues in RESPONDENT-DEPARTMENT'S BRIEF AND APPENDIX:
  • Under the law, an individual who quits employment is ineligible for unemployment benefits unless the individual quits for a good reason caused by the employer. In order for there to be good reason caused by the employer for quitting, the individual must frrst complain to the employer about adverse working conditions and allow the employer a reasonable opportunity to correct the conditions. Shouna Thao quit her employment with Command Center, Inc. after her hours were drastically cut. Thao did not complain to her employer before quitting. Did Thao have good reason caused by Command Center to quit her employment? Unemployment Law Judge Scott Mismash found that Thao quit without frrst complaining to her employer, and was therefore ineligible for unemployment benefits.
  • Also Filed: RELATOR'S REPLY BRIEF


    Minnesota State Law Library: Issues in Briefs

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