Legal Opinion

Dourney v. CMAK Corp.

Court of Appeals of Minnesota

Decided April 5, 2011No. A10-1003PublishedCited by 9 opinions

1Opinion of the Court

OPINION

PETERSON, Judge.

Relator employer challenges the decision by an unemployment-law judge (ULJ) that its former employee, who was discharged for a single instance of failing to request identification from a customer who ordered an alcoholic drink, did not commit employment misconduct within the meaning of Minn.Stat. § 268.095, subd. 6. We affirm.

FACTS

Since 1999, relator CMAK Corp. employed respondent Joan Dourney as a waitress in a restaurant that served alcohol. During lunchtime in January 2010, a young man and a young woman came into the restaurant and sat down together. The young man…

2Cases cited4 opinions

  1. Skarhus v. Davanni's Inc.Court of Appeals of Minnesota · 2006
  2. Minnesota Center for Environmental Advocacy v. Minnesota Pollution Control AgencySupreme Court of Minnesota · 2002
  3. Schmidgall v. FilmTec Corp.Supreme Court of Minnesota · 2002
  4. Klingbeil v. TruesdellSupreme Court of Minnesota · 1959

3Cited by9 opinions

  1. Andrew R. Patson, Relator v. Skaff Apartments, Inc., Department of Employment and Economic DevelopmentCourt of Appeals of Minnesota · 2014
  2. Anthony Browne, Relator v. M. A. Mortenson Company, Inc., Department of Employment and Economic DevelopmentCourt of Appeals of Minnesota · 2017
  3. Barbara Jackson, Relator v. Direct Home Health Care, Inc., Department of Employment and Economic DevelopmentCourt of Appeals of Minnesota · 2015
  4. Betty D. Tuolee, Relator v. BKD Employee Services, LLC, Department of Employment and Economic DevelopmentCourt of Appeals of Minnesota · 2015
  5. Deborah Hagen, Relator v. Family Focused Recovery Services, PLLC, Department of Employment and Economic DevelopmentCourt of Appeals of Minnesota · 2016

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