Santillana v. Central Minnesota Council on Aging
791 N.W.2d 303
| Minn. Ct. App. | 2010Background
- Santillana was discharged from CMCA in Sept 2009 after about a year of employment.
- The discharge stemmed from theft-related conduct at her prior employer Good Shepherd, where she wrote personal checks totaling $6,342 from a resident’s checkbook.
- Good Shepherd discharged her in Aug 2008 for theft while she was on maternity leave and under investigation.
- After CMCA hired her (Dec 2008), she was charged with felony exploitation of a vulnerable adult, pled guilty in May 2009, with a sentence including stay, weekend jail, community service, and a $100 fine.
- CMCA did not require disclosure of the conviction; Santillana did not disclose it; CMCA learned of the conviction from a newspaper article in Sept 2009 and discharged her.
- The ULJ initially found no employment misconduct, CMCA sought reconsideration, and the ULJ later concluded misconduct and aggravated misconduct; the certiorari appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether discharge for employment misconduct was proper | Santillana contends she did not misrepresent the reason for leaving Good Shepherd and the misrepresentation was not material. | CMCA argues the misrepresentation was material and constituted a serious violation of employer expectations. | Yes; misrepresentation was material and amounted to employment misconduct. |
| Whether pre-employment conduct can support aggravated employment misconduct | Santillana argues the pre-employment felony conviction cannot be the basis for aggravated misconduct during CMCA employment. | DEED relies on cases permitting pre-employment acts to support aggravated misconduct. | No; conduct occurring before CMCA’s employment cannot support aggravated employment misconduct. |
Key Cases Cited
- Heitman v. Cronstroms Mfg., Inc., 401 N.W.2d 425 (Minn.App.1987) (misconduct includes material misrepresentation during hiring)
- Tilseth v. Midwest Lumber Co., 204 N.W.2d 644 (Minn.1973) (early definition of misconduct)
- Independent School Dist. No. 709 v. Hansen, 412 N.W.2d 320 (Minn.App.1987) (materiality of misrepresentation to employment suitability)
- Lawrence v. Ratzlaff Motor Express Inc., 785 N.W.2d 819 (Minn.App.2010) (overlaps between Tilseth/modern statutory definitions)
- Pechacek v. Minn. State Lottery, 497 N.W.2d 248 (Minn.1993) (pre-employment conduct precluding aggravated misconduct rule)
- Jenkins v. Am. Express Fin. Corp., 721 N.W.2d 286 (Minn.2006) (mixed question of fact and law in misconduct analysis)