Jennifer L. Stubbs, Relator v. Sprint/United Management Co. (Corp.), Department of Employment and Economic Development
A16-1065
| Minn. Ct. App. | Feb 21, 2017Background
- Jennifer L. Stubbs, an assistant store manager at Sprint/United Management Co., purchased an $85.69 item using her 25% employee discount and later returned it, crediting her mother's account for the full $85.69.
- In a separate transaction, Stubbs recycled a cellphone (given to her by the manager) through the employer’s buyback program and credited $200 to her mother’s account; she used another employee’s credentials to access the account for that transaction.
- Employer policy prohibited employees from crediting their own or relatives’ accounts and prohibited returning an item bought with an employee discount for full price.
- Employer discovered the two transactions and discharged Stubbs for violating company policy.
- DEED and an unemployment-law judge (ULJ) found Stubbs was discharged for employment misconduct and denied unemployment benefits; Stubbs appealed, arguing a good-faith error and inadequate ULJ assistance.
Issues
| Issue | Stubbs' Argument | Employer/DEED's Argument | Held |
|---|---|---|---|
| Whether discharge was for "employment misconduct" making Stubbs ineligible for unemployment benefits | Stubbs: conduct was a good-faith error in judgment, not misconduct | Employer: intentional violations of policy that amounted to stealing and breach of employer’s standards | Held: ULJ findings supported; conduct constituted employment misconduct and barred benefits |
| Whether the ULJ failed to assist Stubbs (unrepresented) in developing the record | Stubbs: ULJ did not help subpoena documents or witnesses or fully develop the record | DEED/ULJ: party was informed of subpoena rights, did not request subpoenas; ULJ twice asked if more testimony was needed and developed record | Held: ULJ properly assisted; no record showing inadequate help |
Key Cases Cited
- Skarhus v. Davanni’s Inc., 721 N.W.2d 340 (Minn. App. 2006) (affirming that intentional on-the-job undercharging can constitute employment misconduct)
- Scheunemann v. Radisson S. Hotel, 562 N.W.2d 32 (Minn. App. 1997) (distinguishing factual findings from legal question whether conduct is employment misconduct)