Minnesota claimant denied benefits for absenteeism not aggravated employment misconduct 
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Friday, September 25, 2020

Minnesota claimant denied benefits for absenteeism not aggravated employment misconduct 

By Payroll and Entitlements Editorial Staff

The claimant was terminated from his employment after he was arrested for violating probation by testing positive for an illegal substance and then missing two days of work while he was in jail. He was denied benefits after the ULJ found that he was discharged for aggravated employment misconduct. Upon appeal, the court held that the evidence did not support the finding that the employer knew why the claimant was incarcerated. However, it did show that the claimant was discharged for being absent, not for committing a gross misdemeanor. Therefore, the court held that the ULJ committed an error by finding that the claimant was discharged for aggravated employment misconduct. Instead, the court found that the claimant was discharged for employment misconduct due to absenteeism and therefore still was not entitled to receive benefits (Todd Leuze v. Minnesota Valley Alfalfa Producers, DEED, Minn. Ct. of App. (Unpub. Op.), No. A20-0031, August 17, 2020). 

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