Legal Opinion

Mitlyng v. Wolff

Supreme Court of Minnesota

Decided January 13, 1984No. C2-83-192PublishedCited by 9 opinions

1Opinion of the Court

SIMONETT, Justice.

This case involves the interplay between a suspension without pay of a county employee under a collective bargaining agreement and a discharge proceeding pending at the same time against the same employee under the Veterans Preference Act. We conclude that the suspension without pay, at a time when discharge proceedings are also pending, is contrary to the Veterans Preference Act and reverse.

On November 11, 1982, appellant Gerald Mitlyng, a Wright County deputy sheriff, received two notices from his employer, the respondent County of Wright, acting by its sheriff, respondent…

2Cases cited4 opinions

  1. State Ex Rel. Jenson v. Civil Service CommissionSupreme Court of Minnesota · 1964
  2. Leininger v. City of BloomingtonSupreme Court of Minnesota · 1980
  3. Wilson v. City of MinneapolisSupreme Court of Minnesota · 1969
  4. Kurtz v. City of Apple ValleySupreme Court of Minnesota · 1980

3Cited by9 opinions

  1. AFSCME Council 96 v. Arrowhead Regional Corrections BoardSupreme Court of Minnesota · 1984
  2. Myers v. City of OakdaleSupreme Court of Minnesota · 1987
  3. Southern Minnesota Municipal Power Agency v. SchraderCourt of Appeals of Minnesota · 1986
  4. Lewis v. Minneapolis Board of Education, Special School District 1Court of Appeals of Minnesota · 1987
  5. Spencer v. City of MinneapolisCourt of Appeals of Minnesota · 1985

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