James v. Commissioner of Economic Security

YETKA, Justice.

The employee David James obtained a writ of certiorari to review the decision of the representative of the Commissioner of Economic Security disqualifying Mr. James from receiving unemployment compensation benefits because he was not “actively seeking work” as required by Minn.Stat. § 268.08, subd. 1(3) (1982). We reverse and remand.

The department has promulgated 8 MCAR § 4.3005 (1982), a rule which generally defines the nature and scope of an active work search. The rule contains objective criteria against which conduct may be measured to determine an individual’s entitlement…