Cited by
Opinions in Minnesota that cite Winkler v. Park Refuse Service, Inc., 361 N.W.2d 120.
-
Shakitha Jones, Relator,
Minn. Ct. App. 2026
Rather than requiring Jones to cover the shift, the policy required Jones only to provide information to V&J so that V&J can “adequately plan its staffing needs.” Cf. Winkler v. Park Refuse Serv., Inc., , 123 (Minn. App. 1985) 7 (concluding that it is reasonable for an employer to require a notification from an employee so that the employer can adequately plan for its staffing needs).
-
Todd Leuze, Relator,
Minn. Ct. App. 2020
Dependency Diversion Project , (affirming misconduct determination where relator missed work while incarcerated for unpaid fines); see also Winkler v. Park Refuse Serv., Inc., d 120, 123-24 (Minn. App. 1985) (affirming misconduct determination where relator’s absence from work was because of his arrest).2 2 Cf. Jenkins v. Am.
-
Kristin K. Choronzy, Relator,
Minn. Ct. App. 2019
Grp., (“Credibility determinations are the exclusive province of the ULJ and will not be disturbed on appeal.” (quotation omitted)); cf. Winkler v. Park Refuse Serv., Inc. , (concluding that employee committed misconduct by missing work after arrest on outstanding warrant where he knew about warrant and own actions led to arrest).
-
Helen Brown, Relator,
Minn. Ct. App. 2017
see also Winkler v. Park Refuse Serv., Inc., (stating that absence from work under circumstances within the control of the employee can constitute employment misconduct).
- Amanulah Dharsee, Relator v. Rubber Industries, Inc., Department of Employment and Economic Development Minn. Ct. App. 2015
-
Amanulah Dharsee, Relator v. Rubber Industries, Inc., Department of Employment and Economic Development
Minn. Ct. App. 2015
See, e.g., Nichols v. Reliant Eng’g & Mfg., Inc., -95 (Minn. App. 2006) (upholding ULJ’s finding that relator quit when she failed to contact or return to work after two days); Winkler v. Park Refuse Serv., Inc., (stating that “an employer cannot be expected to hold a job open indefinitely” and can “reasonably expect an employee to keep it apprised of his whereabouts”) (quotation omitted).
- Jenkins v. AMERICAN EXPRESS FINANCIAL CORP. 702 N.W.2d 908 Minn. Ct. App. 2005
-
Jenkins v. AMERICAN EXPRESS FINANCIAL CORP.
702 N.W.2d 908
Minn. Ct. App. 2005
In cases such as this, “[t]he critical factor is whether the employee’s behavior caused [her] failure to report to work.” Winkler v. Park Refuse Serv., Inc.
- McCourtney v. Imprimis Technology, Inc. 465 N.W.2d 721 Minn. Ct. App. 1991
-
McCourtney v. Imprimis Technology, Inc.
465 N.W.2d 721
Minn. Ct. App. 1991
Cf. Winkler v. Park Refuse Service, Inc., (“Absence from work under circumstances within the control of the employee has been determined to be misconduct sufficient to deny benefits.
- Cherry v. American National Insurance Co. 426 N.W.2d 475 Minn. Ct. App. 1988
-
Cherry v. American National Insurance Co.
426 N.W.2d 475
Minn. Ct. App. 1988
at 488 (quoting Winkler v. Park Refuse Service, Inc., ).
- Bibeau v. Resistance Technology, Inc. 411 N.W.2d 29 Minn. Ct. App. 1987
-
Bibeau v. Resistance Technology, Inc.
411 N.W.2d 29
Minn. Ct. App. 1987
Winkler v. Park Refuse Service, Inc.
- Cavalier v. C. Machine Co. 404 N.W.2d 391 Minn. Ct. App. 1987
- Cavalier v. C. Machine Co. 404 N.W.2d 391 Minn. Ct. App. 1987
- Monyoro v. Marriott Corp. 403 N.W.2d 325 Minn. Ct. App. 1987
- Monyoro v. Marriott Corp. 403 N.W.2d 325 Minn. Ct. App. 1987
- Morrison County Soil & Water Conservation District v. Armstrong 394 N.W.2d 184 Minn. Ct. App. 1986
-
Morrison County Soil & Water Conservation District v. Armstrong
394 N.W.2d 184
Minn. Ct. App. 1986
Winkler v. Park Refuse Service, Inc.
- Beyer v. Heavy Duty Air, Inc. 393 N.W.2d 380 Minn. Ct. App. 1986
- Beyer v. Heavy Duty Air, Inc. 393 N.W.2d 380 Minn. Ct. App. 1986
- Del Dee Foods, Inc. v. Miller 390 N.W.2d 415 Minn. Ct. App. 1986
-
Del Dee Foods, Inc. v. Miller
390 N.W.2d 415
Minn. Ct. App. 1986
1 Similarly strong language is found in Winkler v. Park Refuse Service, Inc., : An employer can * * * reasonably expect an employee to keep it apprised of his whereabouts.
- Montgomery v. F & M Marquette National Bank 384 N.W.2d 602 Minn. Ct. App. 1986
-
Montgomery v. F & M Marquette National Bank
384 N.W.2d 602
Minn. Ct. App. 1986
Winkler v. Park Refuse Service, Inc.
- Gilkeson v. INDUSTRIAL PARTS & SERVICE, INC. 383 N.W.2d 448 Minn. Ct. App. 1986
-
Gilkeson v. INDUSTRIAL PARTS & SERVICE, INC.
383 N.W.2d 448
Minn. Ct. App. 1986
Cardozo & Brother, Inc., 243 Minn. 361, 364 , Winkler v. Park Refuse Service, Inc.
- Gerr v. Target-Fridley 382 N.W.2d 231 Minn. Ct. App. 1986
-
Gerr v. Target-Fridley
382 N.W.2d 231
Minn. Ct. App. 1986
In Winkler v. Park Refuse Service, Inc., this court indicated that an employee’s absences from work due to his incarceration constituted misconduct, since those absences were within the employee’s control (he could have paid his fines on time).
- Dean v. Allied Aviation Fueling Co. 381 N.W.2d 80 Minn. Ct. App. 1986
- Deering v. Unitog Rental Services 381 N.W.2d 486 Minn. Ct. App. 1986
-
Dean v. Allied Aviation Fueling Co.
381 N.W.2d 80
Minn. Ct. App. 1986
Winkler v. Park Refuse Service, Inc.
-
Deering v. Unitog Rental Services
381 N.W.2d 486
Minn. Ct. App. 1986
As we stated in Winkler v. Park Refuse Service, Inc., “[t]he critical factor is whether the employee’s behavior caused his failure to report to work.” See also Washington v. Amway Grand Plaza, 135 Mich.App.
- Ruzynski v. Cub Foods, Inc. 378 N.W.2d 660 Minn. Ct. App. 1985
-
Ruzynski v. Cub Foods, Inc.
378 N.W.2d 660
Minn. Ct. App. 1985
Winkler v. Park Refuse Service, Inc.
- Grotjohn v. Cornbelt Foods, Inc. 370 N.W.2d 48 Minn. Ct. App. 1985
-
Grotjohn v. Cornbelt Foods, Inc.
370 N.W.2d 48
Minn. Ct. App. 1985
See Winkler v. Park Refuse Service, Inc.
- Burnevik v. Department of Economic Security 367 N.W.2d 681 Minn. Ct. App. 1985
-
Burnevik v. Department of Economic Security
367 N.W.2d 681
Minn. Ct. App. 1985
E.g., Winkler v. Park Refuse Service, Inc.