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Younger v. AlliedBarton Security Services, LLC

Court of Appeals of Minnesota

October 15, 2013

Kharima Younger, Relator,
v.
AlliedBarton Security Services, LLC, Respondent, Department of Employment and Economic Development, Respondent.

UNPUBLISHED OPINION

Department of Employment and Economic Development File No. 29993981-5

Kharima Younger, St. Paul, Minnesota (pro se relator).

AlliedBarton Security Services, LLC, Londonderry, New Hampshire (respondent)

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

Considered and decided by Hooten, Presiding Judge; Halbrooks, Judge; and Stauber, Judge.

HALBROOKS, Judge.

Relator challenges the decision of an unemployment-law judge (ULJ) that she is ineligible to receive unemployment benefits due to termination for employment misconduct. We affirm.

FACTS

Relator Kharima Younger was employed by respondent AlliedBarton Security Services, LLC as a security officer for United Health Group from July 19, 2010, to June 26, 2011. Younger was terminated after she failed to attend a scheduled training in cardiopulmonary resuscitation (CPR). The parties dispute the events leading to the termination.

AlliedBarton employees assigned to work for United Health Group must complete CPR training within the first nine months of their assignment. AlliedBarton account manager, Robert Truesdell, testified that he informed Younger of this requirement during her employment interview. According to Truesdell, after Younger was hired,

AlliedBarton made several attempts to schedule her for CPR training. But Younger was often unavailable. AlliedBarton subsequently scheduled Younger for CPR training on June 24, 2011. Truesdell testified that Younger was advised on three occasions that she was expected to attend the June 24 training: (1) by her site supervisor, Jason Fellows; (2) by her training supervisor, Russ McNevin; and (3) via a posted work schedule that Younger was required to check each week. Younger denies being given any notice of the June 24 training or the requirement that she be trained in CPR. Younger was terminated from her assignment with United Health Group after she was a "no call, no show" at the CPR training.

Following her termination, Younger applied for unemployment benefits, and respondent Minnesota Department of Employment and Economic Development (DEED) deemed Younger eligible for benefits. AlliedBarton appealed. Following a hearing, a ULJ issued a decision that Younger is eligible for unemployment benefits because she was terminated for reasons other than employment misconduct. Several days later, DEED discovered that the ULJ who conducted the hearing did not have a valid attorney's license and therefore was unauthorized to serve as a ULJ. Before the decision became final, the chief ULJ issued an order setting aside the decision and transferring the matter to a licensed ULJ.

Following an additional evidentiary hearing, the second ULJ found that Younger was terminated for employment misconduct and is therefore ineligible to receive unemployment benefits. The ULJ affirmed that ...


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