Peterson v. Northeast Bank—Minneapolis

805 N.W.2d 878, 25 Am. Disabilities Cas. (BNA) 478, 2011 Minn. App. LEXIS 126, 2011 WL 4782226
CourtCourt of Appeals of Minnesota
DecidedOctober 11, 2011
DocketNo. A11-92
StatusPublished
Cited by7 cases

This text of 805 N.W.2d 878 (Peterson v. Northeast Bank—Minneapolis) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Peterson v. Northeast Bank—Minneapolis, 805 N.W.2d 878, 25 Am. Disabilities Cas. (BNA) 478, 2011 Minn. App. LEXIS 126, 2011 WL 4782226 (Mich. Ct. App. 2011).

Opinion

OPINION

HUDSON, Judge.

Relator challenges the determination of an unemployment-law judge that she is ineligible for unemployment-insurance benefits. Because relator received a settlement payment for back pay that must be deducted from the benefits she had already received, we affirm.

FACTS

In August 1998, relator Tara Peterson began working as a full-time customer service representative at Northeast Bank (Northeast). In June 2006, after being diagnosed with an aggressive form of leukemia, Peterson took an unpaid leave to undergo a double stem cell transplant. In February 2007, after returning to work, Peterson was allegedly mistreated by Northeast management because she continued to suffer from cancer-related complications and required various accommodations. On August 4, 2009, Peterson was terminated. Northeast stated that Peterson was terminated due to excessive tardiness, but Peterson maintained that this reason was a pretext for terminating her because of her disability.

In November 2009, Peterson filed a lawsuit against Northeast alleging disability discrimination under the Minnesota Human Rights Act (MHRA). Peterson asserted that, as a result of the bank’s ad[880]*880verse treatment and wrongful discharge, she suffered damages, including but not limited to lost wages, lost benefits, emotional distress, and humiliation. In January 2010, Peterson and Northeast entered into a settlement agreement pursuant to which Northeast agreed to make three payments totaling $50,000: (1) a payment to Peterson in the amount of $18,423 for unspecified damages that was subject to withholding of taxes and issuance of an IRS form W-2; (2) a payment to Peterson in the amount of $18,423 for emotional injury damages that was subject to issuance of an IRS form 1099-MISC; and (3) a payment to Peterson’s attorney of $13,154 for attorney fees that would have been recoverable under the MHRA.

In the meantime, Peterson established an unemployment-benefit account and began receiving unemployment-insurance benefits. But in September 2010, the Minnesota Department of Employment and Economic Development (DEED) issued a determination of ineligibility for the period from January 24, 2010 to July 24, 2010. The notice stated that Peterson had received $18,423 from her employer that was deductible from her unemployment benefits and that Peterson was required to repay an overpayment of $9,438.

Peterson appealed the determination of ineligibility. After an evidentiary hearing, an unemployment-law judge (ULJ) found that $18,423 of Peterson’s settlement for unspecified damages met the definition of wages, constituted severance pay or other payment, and was properly deducted from her unemployment benefits. Peterson filed a request for reconsideration, which the ULJ denied. Peterson appeals the ULJ’s decision by a petition for a writ of certiorari.

ISSUE

Did the ULJ err by determining that a portion of the settlement payment that Peterson received from her employer was a payment that renders her ineligible for unemployment benefits and must be deducted from the unemployment benefits that she has already received?

ANALYSIS

This court may remand, reverse, or modify a decision of the ULJ if substantial rights of the applicant were prejudiced because the findings, conclusions, or decision are affected by an error of law or are unsupported by substantial evidence. Minn.Stat. § 268.105, subd. 7(d) (2010). We review a ULJ’s factual findings in the light most favorable to the decision and will not disturb them when they are sustained by substantial evidence. Skarhus v. Davanni’s Inc., 721 N.W.2d 340, 344 (Minn.App.2006). We review de novo a ULJ’s determination that an applicant is ineligible for unemployment benefits. Sykes v. Nw. Airlines, 789 N.W.2d 253, 255 (Minn.App.2010).

A determination of whether or not a particular payment constitutes wages may affect whether an applicant is eligible for unemployment benefits. Minn.Stat. § 268.085 (2010). First, an applicant is not eligible to receive unemployment benefits during any week for which she has received severance payments after separation from employment if those payments constitute wages and are equal to or in excess of her weekly benefit amount. Id., subd. 3(a)(2). Second, when an applicant receives “back pay,” which is a retroactive payment of money for lost wages, that amount must be deducted from unemployment benefits. Id., subd. 6(a); see Minn. Stat. § 268.035, subd. 3 (defining back pay).

Severance or other payment

We first address the ULJ’s ruling that a portion of the settlement payment was for [881]*881wages in the form of severance pay. Minn.Stat. § 268.085, subd. 3(a)(2), provides that an applicant is not eligible for unemployment benefits for any week in which she is receiving, has received, or has filed a request for severance pay, bonus pay, sick pay, or other payments — but not deductible earnings or back pay — that is equal to or in excess of her weekly unemployment benefits. Further, these payments must be “paid by an employer because of, upon, or after separation from employment, but only if the payment is considered wages at the time of payment under section 268.035, subdivision 29.” Id.

The ULJ found that, because the settlement agreement between Peterson and Northeast required Northeast to withhold taxes and issue a form W-2 for the $18,423 payment for unspecified damages, that payment constituted a severance or other payment under Minn.Stat. § 268.085, subd. 3(a)(2), and constitutes wages under Minn. Stat. § 268.035, subd. 29 (2010). Peterson disputes this determination, arguing that “[t]he mere fact that taxes were taken out [of] a portion of the settlement does not make that portion of the settlement for ‘wages’ or ‘severance.’ ”

On appeal, DEED agrees with Peterson, as do we, that the ULJ erred by finding that the $18,423 payment for unspecified damages constituted a severance or other payment. The term “severance pay” is not defined in Minn.Stat. § 268.035, but caselaw defines it as “‘[a] sum of money usually based on length of employment for which an employee is eligible upon termination.’ ” Carlson v. Augsburg College, 604 N.W.2d 392, 394-95 (Minn.App.2000) (quoting The American Heritage Dictionary 1652 (3d ed.1992)). In Carlson, the applicant was found to have received severance pay, deductible under MinmStat. § 268.085, subd. 3(1) (1998) (the predecessor to the version at issue here), when he received a severance package in lieu of notice, which consisted of four and one-half month’s salary paid at regular intervals, $2,000 for out-placement services, and $5,000 cash.1 Id.

Nothing in the record before us here suggests that Peterson or Northeast intended for this $18,423 payment to function as severance pay or as any of the types of payments enumerated in Minn. Stat. § 268.085, subd. 3(a)(2). According to Peterson, the payment did not have any connection to her length of service at Northeast or a severance plan, and Northeast testified that the payment was in compensation for lost wages.

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805 N.W.2d 878, 25 Am. Disabilities Cas. (BNA) 478, 2011 Minn. App. LEXIS 126, 2011 WL 4782226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peterson-v-northeast-bankminneapolis-minnctapp-2011.