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Keywords

statuteappealwillgood faith

willgood faith

Related Cases

McCourtney v. Imprimis Technology, Inc., 465 N.W.2d 721, 55 Empl. Prac. Dec. P 40,593, 6 IER Cases 444

Facts

Diane McCourtney was employed as a full-time accounts payable clerk for over 10 ½ years and had no attendance issues until she gave birth to a sick infant in September 1989. Due to her child's illnesses, she was frequently absent from work, missing 71% of the time in early 1990. Despite her excellent work history, she received warnings from her employer, Imprimis Technology, Inc., and was ultimately discharged for excessive absenteeism. McCourtney applied for unemployment benefits, which were denied by the Department of Jobs and Training, leading to her appeal.

McCourtney was employed by Imprimis as a full-time accounts payable clerk for over 10 ½ years. McCourtney's ending salary was $1,360 per month. Her scheduled hours were 6:30 a.m. to 3:00 p.m. Monday through Friday. McCourtney was an excellent employee, and until January 1990 she had no attendance problems.

Issue

Do McCourtney's frequent absences constitute misconduct disqualifying her from receiving unemployment compensation benefits?

Rule

An individual who is discharged for misconduct is disqualified from receiving unemployment compensation benefits. Misconduct is defined as conduct evincing a willful or wanton disregard of an employer's interests, including deliberate violations of standards of behavior expected by the employer.

An individual who is discharged for misconduct is disqualified from receiving unemployment compensation benefits. Minn.Stat. § 268.09, subd. 1(b) (Supp.1989).

Analysis

The court analyzed McCourtney's situation by considering her good faith efforts to secure child care for her sick infant. It noted that her absences were due to circumstances beyond her control and that she had made substantial efforts to find care. The court concluded that her actions did not demonstrate the culpability required for a finding of misconduct, as her absences were not deliberate or willful.

In light of McCourtney's good faith efforts, her inability to find care for her child is not 'misconduct' within the meaning of Minn.Stat. § 268.09, subd. 1(b). McCourtney's actions were motivated by a willful regard for her child's interests and not a wanton disregard of her employer's interest or lack of concern for her job.

Conclusion

The court reversed the Commissioner's decision, ruling that McCourtney's inability to obtain child care for her sick infant did not constitute misconduct under the relevant statute, and she was entitled to unemployment compensation benefits.

McCourtney's inability to obtain child care for her sick infant resulting in frequent absences from work is not 'misconduct' under Minn.Stat. § 268.09, subd. 1(b). Therefore, the Commissioner's decision is reversed.

Who won?

Diane McCourtney prevailed in the case because the court found that her frequent absences were due to circumstances beyond her control and did not amount to misconduct.

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