Cited by
Opinions in Minnesota that cite Potter v. Northern Empire Pizza, Inc., 805 N.W.2d 872.
- Jay D. Demars, Relator, Minn. Ct. App. 2026
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Renae Lynn Hagen, Relator,
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.
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Jackson Benson, Relator,
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.
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Chad Wosmek, Relator,
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.
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Cassie McDuffie, Relator,
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, Relator v. EquiMed Corporation, Department of Employment and Economic Development, ... Minn. Ct. App. 2025
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Valerie Coykendall, Relator 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).
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Tyler Leibfried, Relator,
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
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Justin D. Shackelford, Relator,
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”).
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David Jacobs, Relator,
Minn. Ct. App. 2022
Potter v. Northern Empire Pizza, Inc.
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Lonnie Moss, Relator,
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.
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Craig Hanson, Relator,
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).
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Criticized
Song Sibell, Relator,
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.
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Barton Winter, Relator,
Minn. Ct. App. 2017
Potter v. N. Empire Pizza, Inc. , 8 (Minn. App. 2011), review denied (Minn. Nov.
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Jennifer Hursey, Relator,
Minn. Ct. App. 2017
Potter v. N. Empire Pizza, Inc., d 872, 875–76 (Minn. App. 2011), review denied (Minn. Nov.
- Debra Barrett, Relator v. Jourdain/Perpich Extended Care Facility, Inc., Department of Employment and Economic Development Minn. Ct. App. 2016
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Debra Barrett, Relator 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, Relator v. Surdyk's Flights Inc. – Surdyk's Flights Wine Market and Bar, Department of Employment and … Minn. Ct. App. 2016
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Yer Vue, Relator v. Surdyk's Flights Inc. – Surdyk's Flights Wine Market and Bar, Department of Employment and …
Minn. Ct. App. 2016
Potter v. N. Empire Pizza, Inc., d 872, 875 (Minn. App. 2011), review denied (Minn. Nov.
- Denise M. Blomker, Relator v. U. S. Federal Employees, Department of Employment and Economic Development Minn. Ct. App. 2015
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Denise M. Blomker, Relator 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, Relator v. United Healthcare Services, Inc., Department of Employment and Economic Development Minn. Ct. App. 2015
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Deborah A. Weckert, Relator 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, Relator v. Swift Pork Company, Department of Employment and Economic Development Minn. Ct. App. 2014
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Jerome Mitchell, Relator 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, Relator v. Young Men�s Christian Association - YMCA Brainerd, Department of Employment and Economic Development Minn. Ct. App. 2014
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Timothy J. Fish, Relator 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, Relator v. Wholesale Tire & Wheel of MN, Inc., Department of Employment and Economic Development Minn. Ct. App. 2014
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Brian Freed, Relator 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.