Legal Opinion

Peksa v. Fairview-Southdale Hospital

Court of Appeals of Minnesota

Decided March 15, 1994No. C3-93-2082Published

1Opinion of the Court

OPINION

PARKER, Judge.

Peksa was involuntarily discharged by Fairview Southdale Hospital on May 21, 1993, due to absenteeism caused by his alcoholism. Peksa argued before the unemployment insurance referee that he had made reasonable and consistent efforts to retain his employment. The referee found that his absences from work were due to his alcoholism and that he had made reasonable efforts to retain sobriety, thus concluding that Pek-sa’s absences did not constitute disqualifying misconduct. The Commissioner’s representative reversed the decision of the referee, and Peksa appeals. We reverse.

2Cases cited12 opinions

  1. Tilseth v. Midwest Lumber Co.Supreme Court of Minnesota · 1973
  2. White v. Metropolitan Medical CenterSupreme Court of Minnesota · 1983
  3. Smith v. Employers' Overload Co.Supreme Court of Minnesota · 1981
  4. Lisa Marz v. Department of Employment ServicesSupreme Court of Minnesota · 1977
  5. Hendrickson v. Northfield CleanersSupreme Court of Minnesota · 1980

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