Legal Opinion

Risk v. Eastside Beverage

Court of Appeals of Minnesota

Decided June 24, 2003No. C0-02-1920PublishedCited by 1 opinion

1Opinion of the Court

OPINION

MINGE, Judge.

The commissioner’s representative determined that it was employment misconduct for the relator to have an alcohol concentration level over the applicable legal limit during work hours and while driving his employer’s vehicle. We affirm and reject relator’s claims that he could only be discharged upon conviction of the criminal offense of DWI or loss of his driver’s license under the implied consent law.

FACTS

Relator, Thomas Risk, was a delivery truck driver for Eastside Beverage, respondent, from April 9, 1979, until January 17, 2002. Eastside is a distributor of alcoholic…

2Cases cited7 opinions

  1. Ress v. Abbott Northwestern Hospital, Inc.Supreme Court of Minnesota · 1989
  2. Schmidgall v. FilmTec Corp.Supreme Court of Minnesota · 2002
  3. Lolling v. Midwest PatrolSupreme Court of Minnesota · 1996
  4. Markel v. City of Circle PinesSupreme Court of Minnesota · 1992
  5. Tuff v. Knitcraft Corp.Supreme Court of Minnesota · 1995

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

3Cited by1 opinion

  1. Peterson v. Northwest Airlines, Inc.Court of Appeals of Minnesota · 2008

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