Myers v. City of Oakdale

OPINION

WAHL, Justice.

We are called upon in this case to answer two questions involving the Veterans Preference Act, Minn.Stat. § 197.46 (1986). First, whether an employee-veteran who has been placed on indefinite medical leave of absence has been removed, as that word is used in the Act, from his or her position or employment. Second, whether an employee-veteran who may be physically unable to perform the job is entitled to a veterans preference hearing prior to being removed from the position or employment. The court of appeals held that because the effect of appellant City of Oakdale’s…