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: Ulanda Wiley, Relator, vs. Dolphin Staffing - Dolphin Clerical Group, Respondent, Department of Employment and Economic Development, Respondent.
Read the opinion in this case at A12-0383
CITATION: 825 N.W.2d 121 (Minn. Ct. App. 2012)
Legal Issues in RELATOR'S BRIEF AND APPENDIX:
Did Relator quit unsuitable employment within 30 days under Minn. Stat. § 268.095, subd. 1(3), when she give the employer notice within 30 days of beginning the job but the notice period extended two weeks beyond 30 days? The ULJ ruled that the exception to disqualification for a quit within 30 days of beginning unsuitable employment does not apply unless the employment actually ends within 30 days. Most apposite authorities: Minn. Stat. § 268.095, subd. 1(3); Minn. Stat. § 268.031, subd. 2; Minn. Stat. § 268.035, subds. 23a(g)(4) and (h); Valenty v. Medical Concepts Development, Inc., 503 N.W.2d 131 (Minn. 1993).
Legal Issues in RESPONDENT-DEPARTMENT'S BRIEF AND APPENDIX:
Under the law, an individual who quits her employment within 30 days of starting, and quits because that employment is unsuitable, is eligible for benefits. Ulanda Wiley quit her temporary employment with Dolphin Staffing, Inc. ("Dolphin Staffing") after six weeks, the time at which the initial assignment was supposed to end. Wiley did not want to accept an extended assignment because she did not think Dolphin Staffing was being sufficiently flexible in allowing absences, and did not want to be fired for accumulating too many. Does Wiley fall under any exception to ineligibility for quitting her employment? Unemployment Law Judge Elizabeth Kiechle found that Wiley quit, did not come under any statutory exception, and was therefore ineligible for unemployment benefits.
Also Filed: RELATOR'S REPLY BRIEF