Legal Opinion

Cunningham v. Wal-Mart Associates, Inc.

Court of Appeals of Minnesota

Decided December 27, 2011No. A11-153PublishedCited by 5 opinions

1Opinion of the Court

*233OPINION

HALBROOKS, Judge.

Respondent Wal-Mart Associates, Inc. discharged relator James Cunningham after he failed to report to work or call in for five consecutive shifts. Cunningham began collecting unemployment benefits. Wal-Mart challenged Cunningham's eligibility status, and the unemployment-law judge (ULJ) determined that Cunningham is ineligible because he was discharged for employment misconduct. Cunningham argues on appeal that his actions were not misconduct because they were a consequence of his mental impairment. Because we conclude that Cunningham's performance problems were a…

2Cases cited4 opinions

  1. Skarhus v. Davanni's Inc.Court of Appeals of Minnesota · 2006
  2. Schmidgall v. FilmTec Corp.Supreme Court of Minnesota · 2002
  3. Stagg v. Vintage Place Inc.Supreme Court of Minnesota · 2011
  4. Wichmann v. Travalia & U.S. Directives, Inc.Court of Appeals of Minnesota · 2007

3Cited by5 opinions

  1. Icenhower v. Total Automotive, Inc.Court of Appeals of Minnesota · 2014
  2. Jennifer White, Relator v. University of Minnesota Physicians Corp., Department of Employment and Economic DevelopmentCourt of Appeals of Minnesota · 2016
  3. Andrew R. Patson, Relator v. Skaff Apartments, Inc., Department of Employment and Economic DevelopmentCourt of Appeals of Minnesota · 2014
  4. Lucille O'Quinn, Relator v. Noodles & Company (Corp.), Department of Employment and Economic DevelopmentCourt of Appeals of Minnesota · 2016
  5. Mark M. Lazo, Relator v. Moguls F & B LLC, Department of Employment and Economic DevelopmentCourt of Appeals of Minnesota · 2014

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