Cited by

Opinions in Minnesota that cite Potter v. Northern Empire Pizza, Inc., 805 N.W.2d 872.

30 citing documents.

Ann Anderson v. Cooperative Response Center, Inc., Department of Employment and Economic Development Minn. Ct. App. 2026
Potter v. N. Empire Pizza, Inc., 7 (Minn. App. 2011), rev. denied 7 (Minn. Nov.
Jay D. Demars v. Renegade Truck Equipment, Inc., Department of Employment and Economic Development Minn. Ct. App. 2026
Renae Lynn Hagen v. Coast to Coast Logistics, Department of Employment and Economic Development Minn. Ct. App. 2026
The ULJ must “afford weight to the fact of the single- incident nature of the conduct without directing that the conduct be construed as misconduct or not.” Potter v. N. Empire Pizza, Inc., rev. denied (Minn. Nov.
Jackson Benson v. Housing & Redevelopment Authority of Winona, Department of Employment and Economic Development Minn. Ct. App. 2026
ith Exception Under section 268.095, subdivision 6(b)(6) (2024), “good faith errors in judgment if judgment was required” are “not employment misconduct.” But the good-faith exception does not apply when “no judgment was required of” the employee and when the employee’s duty “was simply to follow the policy without having any discretion to choose otherwise.” Potter v. N. Empire Pizza, Inc., rev. denied (Minn. Nov.
Chad Wosmek v. City of Fifty Lakes, Department of Employment and Economic Development Minn. Ct. App. 2026
This is not a circumstance where Wosmek “attempted to be a good employee bu t just wasn’t up to the job and was unable to perform [his] duties to the satisfaction of the employer.” Potter v. N. Empire Pizza, Inc ., (quotation omitted) , rev. denied (Minn. Nov.
Cassie McDuffie v. Association of Minnesota Public Educational Radio Stations, Inc., Department of Employment and Economic Development Minn. Ct. App. 2026
Subdivision 6(b)(3) excepts “simple unsatisfactory conduct,” which this court has said is “reserved for failures to meet basic job performance standards.” Potter v. N. Empire Pizza, Inc., rev. denied (Minn. Nov 15, 2011).
Valerie Coykendall v. EquiMed Corporation, Department of Employment and Economic Development Minn. Ct. App. 2025
Valerie Coykendall v. EquiMed Corporation, Department of Employment and Economic Development Minn. Ct. App. 2025
And we are not convinced that the circumstances show that Coykendall “attempted to be a good employee but just wasn’t up to the job and was unable to perform her duties to the satisfaction of the employer.” Potter v. N. Empire Pizza, Inc., (quotation omitted).
Tyler Leibfried v. City of Duluth, Department of Employment and Economic Development Minn. Ct. App. 2024
This is because “no judgment was required of him.” Potter v. N. Empire Pizza, Inc., (holding that, where a relator “knew that physical contact between employees was 14 prohibited[,]” the “employer had already made the necessary no-violence judgment” and the relator’s “duty was simply to follow the policy without having any discretion to choose otherwise”), rev. denied (Min
Justin D. Shackelford v. University of Minnesota, Department of Employment and Economic Development Minn. Ct. App. 2023
Potter v. N. Empire Pizza, Inc., (noting an employee need not exercise judgment in deciding whether to comply with a known policy but is “to simply follow the policy without having any discretion to choose otherwise”).
David Jacobs v. Minnesota Department of Corrections, Department of Employment and Economic Development Minn. Ct. App. 2022
Potter v. Northern Empire Pizza, Inc.
Lonnie Moss v. Masterson Personnel Inc, Department of Employment and Economic Development Minn. Ct. App. 2022
Cf. Potter v. N. Empire Pizza, Inc., 876 (Minn. App. 2011) (concluding employee committed misconduct when he became angry with coworker and poked him in the ribs), rev. denied (Minn. Nov.
Craig Hanson v. Autism Opportunities Foundation, Department of Employment and Economic Development Minn. Ct. App. 2021
See Potter v. Northern Empire Pizza, Inc., (stating that once an employer has implemented a policy, employ ee’s duty is to follow that policy with no discretion to choose otherwise).
Criticized Song Sibell v. U. S. Postal Service, Department of Employment and Economic Development Minn. Ct. App. 2020
And we have held that “employers may reasonably expect employees to refrain from engaging in even single acts of combative physical conduct.” Potter v. N. Empire Pizza, Inc., review denied (Minn. Nov.
Barton Winter v. Manpower, Inc., Department of Employment and Economic Development Minn. Ct. App. 2017
Potter v. N. Empire Pizza, Inc. , 8 (Minn. App. 2011), review denied (Minn. Nov.
Jennifer Hursey v. Homeservices Lending, LLC, Department of Employment and Economic Development Minn. Ct. App. 2017
Potter v. N. Empire Pizza, Inc., d 872, 875–76 (Minn. App. 2011), review denied (Minn. Nov.
Debra Barrett v. Jourdain/Perpich Extended Care Facility, Inc., Department of Employment and Economic Development Minn. Ct. App. 2016
Debra Barrett v. Jourdain/Perpich Extended Care Facility, Inc., Department of Employment and Economic Development Minn. Ct. App. 2016
And “employers may reasonably expect employees to refrain from engaging in even single acts of combative physical contact.” Potter v. N. Empire Pizza, Inc., review denied (Minn. Nov.
Yer Vue v. Surdyk’s Flights Inc. – Surdyk’s Flights Wine Market and Bar, Department of Employment and Economic … Minn. Ct. App. 2016
Yer Vue v. Surdyk’s Flights Inc. – Surdyk’s Flights Wine Market and Bar, Department of Employment and Economic … Minn. Ct. App. 2016
Potter v. N. Empire Pizza, Inc., d 872, 875 (Minn. App. 2011), review denied (Minn. Nov.
Denise M. Blomker v. U. S. Federal Employees, Department of Employment and Economic Development Minn. Ct. App. 2015
Denise M. Blomker v. U. S. Federal Employees, Department of Employment and Economic Development Minn. Ct. App. 2015
Potter v. N. Empire Pizza, Inc., review denied (Minn. Nov.
Deborah A. Weckert v. United Healthcare Services, Inc., Department of Employment and Economic Development Minn. Ct. App. 2015
Deborah A. Weckert v. United Healthcare Services, Inc., Department of Employment and Economic Development Minn. Ct. App. 2015
Generally, “an employee who is fired because of employment misconduct is not entitled to unemployment benefits.” Potter v. N. Empire Pizza, Inc., (citing Minn. Stat. § 268.095, subd.
Jerome Mitchell v. Swift Pork Company, Department of Employment and Economic Development Minn. Ct. App. 2014
Jerome Mitchell v. Swift Pork Company, Department of Employment and Economic Development Minn. Ct. App. 2014
Potter v. N. Empire Pizza, Inc., review denied (Minn. Nov.
Timothy J. Fish v. Young Men’s Christian Association - YMCA Brainerd, Department of Employment and Economic Development Minn. Ct. App. 2014
Timothy J. Fish v. Young Men’s Christian Association - YMCA Brainerd, Department of Employment and Economic Development Minn. Ct. App. 2014
Potter v. N. Empire Pizza, Inc., review denied (Minn. Nov.
Brian Freed v. Wholesale Tire & Wheel of MN, Inc., Department of Employment and Economic Development Minn. Ct. App. 2014
Brian Freed v. Wholesale Tire & Wheel of MN, Inc., Department of Employment and Economic Development Minn. Ct. App. 2014
Potter v. N. Empire Pizza, Inc., review denied (Minn. Nov.