Ayode A. Ogunkola, Relator v. Cirrus Design Corporation, Department of Employment and Economic Development
A16-442
| Minn. Ct. App. | Oct 24, 2016Background
- Ogunkola was fired by Cirrus Design and applied for unemployment benefits; DEED initially granted benefits, and Cirrus appealed.
- DEED scheduled an evidentiary hearing for January 6, 2016; Cirrus attended and Ogunkola did not.
- Cirrus’s representative testified Ogunkola violated the employer’s drug/alcohol policy twice and obstructed an alcohol test by leaving the clinic and returning ~2.5 hours later, after which no alcohol was present.
- The ULJ credited Cirrus’s testimony, concluded Ogunkola was discharged for employment misconduct, and denied benefits.
- Ogunkola requested an additional hearing claiming he misread the notice and was at a job interview; the ULJ denied the request for lack of "good cause."
- The court of appeals affirmed, deferring to the ULJ’s credibility determinations and concluding Ogunkola failed to show good cause for missing the initial hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ULJ’s factual findings are incorrect | Ogunkola argued findings were based on false/misleading testimony and offered additional facts | Cirrus relied on testimony at the hearing; no contradictory evidence was offered below | Affirmed: ULJ’s findings are supported by the hearing record; appellate court defers to ULJ credibility determinations |
| Whether ULJ abused discretion in denying an additional evidentiary hearing | Ogunkola said he misread the hearing date and attended a job interview | DEED/Cirrus argued Ogunkola failed to show "good cause" (no due diligence; forgetting/misreading not good cause) | Affirmed: Reasons (misreading date/being at interview) do not constitute "good cause" to reset the hearing |
Key Cases Cited
- Skarhus v. Davanni’s Inc., 721 N.W.2d 340 (Minn. App. 2006) (deference to ULJ credibility and standards for reopening hearings)
- Icenhower v. Total Auto., Inc., 845 N.W.2d 849 (Minn. App. 2014) (act findings are factual determinations)
- Appelhof v. Comm’r of Jobs & Training, 450 N.W.2d 589 (Minn. App. 1990) (appellate review excludes evidence not presented below)
- Fay v. Dep’t of Emp’t & Econ. Dev., 860 N.W.2d 385 (Minn. App. 2015) (forgetting a hearing date is not good cause)