Legal Opinion

Godbout v. Department of Employment & Economic Development

Court of Appeals of Minnesota

Decided March 18, 2013No. A12-1283PublishedCited by 3 opinions

1Opinion of the Court

OPINION

KIRK, Judge.

Relator challenges the decision of the unemployment-law judge (ULJ) that because relator did not make a timely appeal of a determination of overpayment by fraud, the ULJ lacks jurisdiction to reach the merits of the appeal. Relator argues that the notice provided in this case violates the state constitutional right to due process, and therefore he must be granted a hearing on the merits of the overpayment claim. We reverse and remand.

FACTS

The facts of this case are not in dispute. In 2005, while residing on Edmund Avenue in St. Paul, relator John Godbout applied for and…

2Cases cited6 opinions

  1. Skarhus v. Davanni's Inc.Court of Appeals of Minnesota · 2006
  2. Juster Bros. Inc. v. ChristgauSupreme Court of Minnesota · 1943
  3. Schulte v. Transportation Unlimited, Inc.Supreme Court of Minnesota · 1984
  4. McShane v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1985
  5. Johnson v. Metropolitan Medical CenterCourt of Appeals of Minnesota · 1986

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Diane Quick, Relator v. Polar Semiconductor, Inc., Department of Employment and Economic DevelopmentCourt of Appeals of Minnesota · 2014
  2. Pamela Beidel, Relator v. Corporate Commission of Mille Lacs Band of Ojibwe Indians - Grand Casino Hinckley, Department of Employment and Economic DevelopmentCourt of Appeals of Minnesota · 2014
  3. Sherrie M. Aubin, Relator v. Family Dollar, Inc., Department of Employment and Economic DevelopmentCourt of Appeals of Minnesota · 2014

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