Ronald G. Shellito, Relator,
TCR Engineered Components LLC, Respondent, Department of Employment and Economic Development, Respondent.
Department of Employment and Economic Development File No. 30120811-4
Ronald G. Shellito, Pine City, Minnesota (pro se relator) TCR Engineered Components LLC, Brooklyn Center, Minnesota (respondent)
Lee B. Nelson, Minnesota Department of Employment and Economic Development, St. Paul, Minnesota (for respondent department)
Considered and decided by Cleary, Presiding Judge; Connolly, Judge; and Larkin, Judge.
Relator challenges the decision of an unemployment-law judge (ULJ) that he is ineligible for unemployment benefits because he was discharged for employment misconduct. We affirm.
Relator Ronald Shellito worked for respondent TCR Engineered Components as a machinist from 2007 until 2012. In November 2011, Shellito failed to report to jail to serve a scheduled sentence. On July 21, 2012, he was arrested based on that failure, and he was incarcerated until August 6. TCR terminated his employment because he did not work his scheduled shifts while he was incarcerated.
Shellito established an unemployment-benefits account with respondent Minnesota Department of Employment and Economic Development (DEED) and applied for unemployment benefits. DEED issued a determination of ineligibility, concluding that Shellito was discharged for employment misconduct. Shellito challenged the determination. Following a telephonic hearing, the ULJ determined that Shellito was discharged for employment misconduct and was ineligible for benefits. Shellito requested reconsideration, and the ULJ affirmed the determination.
This certiorari appeal follows.
This court may reverse or modify a ULJ's decision "if the substantial rights of the petitioner may have been prejudiced because the findings, inferences, conclusion, or decision" are "unsupported by substantial evidence in view of the entire record as submitted." Minn. Stat. § 268.105, subd. 7(d)(5) (2012). Substantial evidence is "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Minneapolis Van & Warehouse Co. v. St. Paul Terminal Warehouse Co., 288 Minn. 294, 299, 180 N.W.2d 175, 178 (1970) (quotation omitted).
An employee who is discharged for employment misconduct is ineligible to receive unemployment benefits. Minn. Stat. § 268.095, subd. 4(1) (2012). Employment misconduct means "any intentional, negligent, or indifferent conduct, on the job or off the job that displays clearly: (1) a serious violation of the standards of behavior the employer has the right to reasonably expect of the ...