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Patrick Hammer Fay v. Department of Employment and Economic Development. MN unemployment, good cause
Patrick Hammer Fay applied for unemployment benefits. He was given a notice of a reemployment assistance services meeting, which stated, "failure to attend will result in a delay or denial of your unemployment benefits." He put the date on his schedule, but when the meeting rolled around, he forgot and "simply missed it." He attended subsequent meetings, however, without issue.
After hearing, an unemployment law judge denied benefits for that week, and he appealed to the Minnesota Court of Appeals. The appeals court first held that "good cause" under the statute, Minn. Stat. 268.085 was defined as a reason that would have prevented a reasonable person acting with due diligence from participating in those services. Under this test, the appeals court agreed with the ULJ and affirmed, denying benefits for the week of the missed meeting.
No. A14-1487 (Minn. Ct. App. Mar. 2, 2015).
Please see the original opinion for the court's exact language.
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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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