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Kruegel v. All-American Co-Op

Court of Appeals of Minnesota

September 30, 2013

Richard Lee Kruegel, Relator,
v.
All-American Co-op, Respondent, Department of Employment and Economic Development, Respondent.

UNPUBLISHED OPINION

Department of Employment and Economic Development File No. 30333022-4.

Richard Lee Kruegel, Rochester, Minnesota (pro se relator)

All-American Co-op, Stewartville, Minnesota (respondent)

Lee B. Nelson, Department of Employment and Economic Development, St. Paul, Minnesota (for respondent Department of Employment and Economic Development)

Considered and decided by Ross, Presiding Judge; Schellhas, Judge; and Larkin, Judge.

SCHELLHAS, Judge

Relator challenges the unemployment-law judge's decision that he is ineligible for unemployment benefits due to employment misconduct. We affirm.

FACTS

Relator Richard Kruegel worked for respondent All-American Co-op for about six months until All-American terminated him from his job as a grain laborer. Kruegel applied for unemployment benefits from respondent Minnesota Department of Employment and Economic Development (DEED), stating that All-American terminated him due to a work absence caused by "incarceration." DEED determined that Kruegel was ineligible for unemployment benefits. Kruegel appealed.

After a hearing, an unemployment-law judge (ULJ) determined that Kruegel was ineligible for unemployment benefits on the basis that All-American discharged Kruegel for employment misconduct: one day's absence from work due to his incarceration and anticipated indefinite, future absences due to incarceration. Kruegel requested reconsideration, and the ULJ affirmed.

This certiorari appeal follows.

DECISION

Kruegel challenges the ULJ's determination that he committed employment misconduct rendering him ineligible for unemployment benefits. We may reverse or modify a ULJ's decision if the substantial rights of the relator may have been prejudiced because the findings, inferences, or decision are, among other things, ...


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