C6-84-979 Precedential Affirmed Processed

Poepke v. Downtown Standard

Minnesota Court of Appeals · Filed October 30, 1984 · 356 N.W.2d 812

Cited by

Nelson v. Star Tribune 445 N.W.2d 864 Minn. Ct. App. 1989
Deike v. Smelting 413 N.W.2d 590 Minn. Ct. App. 1987
Christenson v. City of Albert Lea 409 N.W.2d 564 Minn. Ct. App. 1987
Herreid v. Moore Data Management Services 392 N.W.2d 613 Minn. Ct. App. 1986

Authorities cited

Identified automatically; this list may not be exhaustive.

In Re Claim of Tilseth 204 N.W.2d 644
White v. Metropolitan Medical Center 332 N.W.2d 25

Opinion text

356 N.W.2d 812 (1984) Michael W. POEPKE, Relator, v. DOWNTOWN STANDARD, Respondent, Commissioner of Economic Security, Respondent. No. C6-84-979. Court of Appeals of Minnesota. October 30, 1984. Michael J. Persellin, St. Cloud, for relator. *813 Dennis E. Dalen, Minneapolis, for Downtown Standard. Hubert H. Humphrey, III, State Atty. Gen., Regina M. Chu, Sp. Asst. Atty. Gen., St. Paul, for Com'r of Economic Sec. Heard, considered and decided by SEDGWICK, P.J., and HUSPENI and NIERENGARTEN, JJ. SUMMARY OPINION SEDGWICK, Judge. FACTS Michael Poepke was discharged when he refused to work one of his two regularly scheduled Saturdays of the month. The Commissioner affirmed the referee's decision that Poepke was disqualified from benefits because he terminated his employment voluntarily and without good cause attributable to his employer or, alternatively, that he was discharged for misconduct. The Commissioner found that failure to come to work on Saturday knowing that a discharge would result convincingly shows that claimant lacked any concern for his job and was misconduct as defined in Tilseth v. Midwest Lumber Co., 295 Minn. 372 , 204 N.W.2d 644 (1973). DECISION Under the narrow scope of review available to this court, White v. Metropolitan Medical Center, 332 N.W.2d 25, 26 (Minn. 1983), the Commissioner's decision is supported by the evidence. Affirmed.