Employees-relators John Berzac (Case No. 51588) and Delia J. Rech (Noyes) (51419) obtained writs of certiorari to review their rеspective decisions of the Commissioner, Department of Economic Security, to the effect that each had voluntarily discontinued his/her employment without good cause attributable to the employer and was therefore disqualified from the receipt of unemployment compensation benefits. We reverse and remand to the department fоr proceedings consistent with this ©pinion.
Relator Berzac was employed as a janitor by the Marsden Building Maintenancе Company for the period from October 1, 1979, until February 22,1980, at a rate of compensation of $3.72 per hour for a 17V2-hour wеek. During this time, he also worked full' time for another employer, earning $7 per hour.
Claimant Berzac decided, based upоn some minor health problems, that it was too difficult to hold two jobs at once and decided to quit his part-time job. He therefore gave notice to Marsden on February 7, 1980 that his termination would be effective on February 22, 1980. Coincidentally, on that sаme date, Berzac was laid off his full-time job without notice and found himself completely unemployed.
Relator Rech wаs employed on a part-time basis by McDonald’s Restaurants for the period from October 29, 1979, through November 1, 1979, at a final rate of compensation of $2.90 per hour. The record reflects that she had taken this particular position because her primary employment as a school bus driver for L & K Ready Mix left her with free time around the noon hour. McDonald’s hirеd her with the knowledge and understanding that this was a trial employment and was secondary to her driving job.
Claimant Rech worked at MсDonald’s for approximately 7 hours over a 3-day period but found that to arrive on time for this part-time job, she had to “rush” her kindergarten route. She therefore quit her job at McDonald’s on November 1, 1979. At the time she filed her resignation notice with McDonald’s, she had no knowledge that she was about to be laid off from her job as a school bus driver. The layoff by L & K occurred 10 days later.
In each of the cases presented, the employee, rendered totally unemployed, filed valid claim petitions attempting tо secure unemployment compensation benefits. The record does not reflect whether the claim petitiоns were directed to each of the rela-tors’ employers and it is unclear whether those employers not namеd participated in the decisional process.
In each case, the claims deputy denied benefits, finding that the employee had voluntarily terminated his/her employment. The determinations were affirmed by the appeals tribunal and furthеr review was sought from the representative of the commissioner. In affirming the prior decisions, the representative recognized the harshness of the result of its interpretation of Minn. Stat. § 268.09, subd. 1(1) (1980), but concluded that had the legislature intended to provide relief in unique cases such as those presented, it would have specifically addressed this factual setting. The practical effect of those decisions was that the employees, having voluntarily terminated their part-time positions, were automatically disqualified from the receipt of benefits from their full-time employers without regard to the criteria оf section 268.09, subd. 1(1) as it related to those latter terminations.
The single issue is whether an individual, who voluntarily terminates one of multiplе employment relationships and thereafter is unemployed by the remaining employer through no fault of the employеe, is thereby rendered ineligible to receive unemployment compensation benefits from any source.
The department suggests that its interpretation of section 268.09, subd. 1(1) as applicable here has been in effect since 1951 and that it thеrefore has historical validity.
Section 268.09, .subd. 1(1) (1980) provides in pertinent part as follows:
An individual shall be disqualified for waiting week credit and benefits for the duration of his unemployment and until he has earned four times his weekly benеfit amount in insured work if he is separated from employment under any of the following conditions:
(1) The individual voluntarily and without good cause attributable to the employer discontinued his employment with such employer.
In practical effect, the department has concluded that if an individual voluntarily discontinues but one of multiple employment positions, the disqualificatiоn of section 268.09, subd. 1(1) precludes the receipt of benefits from any employer, regardless of the circumstances creating the unemployment.
It is our view that the legislature could not have intended such an unfortunate result, particularly given the declared legislative intent to provide benefits for those who, through no fault of their own, are unemployed.
See Sajevic v. Greenbrier Home, Inc.,
As indicated, the record before us does not establish whether claims petitions were filed by thesе claimants against their respective full-time employers. The matters are therefore remanded to the commissiоner for its determination of each employee’s right to receive benefits as to each of their respective multiple employers. The department is instructed to examine the separate claim petitions upon their individual merits within the guidelines of section 268.09, subd. 1(1).
Reversed and remanded.