
Based on the mental illness provisions of Minnesota’s
employment law, the Minnesota Court of Appeals found in its recent ruling that
the claimant was not automatically disqualified from benefits due to alleged
misconduct. In addition, the Court ruled that the unemployment judge had
improperly failed to assist the claimant, who was not represented by counsel,
in presenting evidence that her conduct was a consequence of mental health
issues, namely severe depression. The Court stated that:
“[Unemployment-law judges] have a duty to reasonably assist pro se parties with
the presentation of the evidence and the proper development of the
record.” In addition, the Court noted that both parties had given the
unemployment judge reason to know that the claimant’s mental health might be a
relevant fact. Accordingly, the Court sent the dispute back to the
unemployment judge for further proceedings.
The remand of the case does not mean that unemployment
benefits will necessarily be awarded. The Court of Appeals ruling recites
facts that indicate the employer at issue had given the claimant many chances
to correct her conduct (which included sleeping in her office, being absent
from her floor for two to three hours, and painting her fingernails at her
workstation). Notably, the Court of Appeals did not criticize the
employer at all for its decision to terminate the claimant. A claimant’s
entitlement to unemployment benefits is an entirely separate legal
determination from the question of whether the employer had sound and lawful
reasons to terminate the employee. Indeed, the Minnesota Supreme Court has held that, in the
unemployment context, the issue is not whether the employer can choose to
terminate the employment relationship, but rather whether, now that the
employee has been terminated, there should be unemployment compensation.
The unemployment dispute at issue is a strong reminder, however, of how challenging it can be to
effectively manage an employee with mental health issues. Involving
strong human resources or legal professionals is often wise.
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