Focusing On Employee Conduct

Law360, New York (June 2, 2011, 10:36 AM EDT) -- On April 20, in Stagg v. Vintage Place Inc., No. A09-949, the Minnesota Supreme Court ruled that an employee who was discharged for excessive absenteeism and tardiness was discharged for misconduct, and thus could not collect unemployment benefits, even though his employer did not follow its established progressive discipline policy.

The court’s decision clarifies that, when the issue in an unemployment-benefits case is employee misconduct, the focus is on the employee’s conduct, not on the employer’s progressive discipline policy.

Factual Background

Vintage Place had a policy...
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