Pitzel v. Packaged Furniture & Carpet

Court of Appeals of Minnesota

Pitzel v. Packaged Furniture & Carpet

362 N.W.2d 357, 1985 Minn. App. LEXIS 3824

CourtCourt of Appeals of Minnesota

DecidedFebruary 12, 1985

DocketC1-84-1926

StatusPublished

Cited by2 cases

This text of 362 N.W.2d 357 (Pitzel v. Packaged Furniture & Carpet) 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

Pitzel v. Packaged Furniture & Carpet, 362 N.W.2d 357, 1985 Minn. App. LEXIS 3824 (Mich. Ct. App. 1985).

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Opinion

SUMMARY OPINION

FOLEY, Judge.

FACTS

Relator Michael Pitzel was employed by respondent Packaged Furniture & Carpet Co. from March, 1982 to May 1, 1984 as a salesman. After being respondent’s top salesman, Pitzel’s behavior began to change in January of 1984. He became aggressive and offensive with customers and refused to honor unwritten store policy regarding the treatment of customers and the product sold. His personal behavior during and after store hours became erratic and disruptive. After giving several warnings, the employer discharged Pitzel on May 1, 1984.

The Commissioner of Economic Security determined that Pitzel was discharged for misconduct and was disqualified from the receipt of unemployment compensation benefits pursuant to Minn.Stat. § 268.09, subd. 1(2) (Supp.1983).

DECISION

In reviewing the record and findings of the Commissioner, we find that there is adequate evidence in the record to sustain the findings and they are affirmed. White v. Metropolitan Medical Center, 332 N.W.2d 25, 26 (Minn.1983). Pitzel’s *358 conduct evinces a willful or wanton disregard of the employer’s interest as defined in Tilseth v. Midwest Lumber Co., 295 Minn. 372, 204 N.W.2d 644 (1973).

The decision of the Commissioner of Economic Security is, therefore, affirmed.

Affirmed.

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SUMMARY OPINION

FOLEY, Judge.

FACTS

Relator Michael Pitzel was employed by respondent Packaged Furniture & Carpet Co. from March, 1982 to May 1, 1984 as a salesman. After being respondent’s top salesman, Pitzel’s behavior began to change in January of 1984. He became aggressive and offensive with customers and refused to honor unwritten store policy regarding the treatment of customers and the product sold. His personal behavior during and after store hours became erratic and disruptive. After giving several warnings, the employer discharged Pitzel on May 1, 1984.

The Commissioner of Economic Security determined that Pitzel was discharged for misconduct and was disqualified from the receipt of unemployment compensation benefits pursuant to Minn.Stat. § 268.09, subd. 1(2) (Supp.1983).

DECISION

In reviewing the record and findings of the Commissioner, we find that there is adequate evidence in the record to sustain the findings and they are affirmed. White v. Metropolitan Medical Center, 332 N.W.2d 25, 26 (Minn.1983). Pitzel’s *358 conduct evinces a willful or wanton disregard of the employer’s interest as defined in Tilseth v. Midwest Lumber Co., 295 Minn. 372, 204 N.W.2d 644 (1973).

The decision of the Commissioner of Economic Security is, therefore, affirmed.

Affirmed.

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362 N.W.2d 357, 1985 Minn. App. LEXIS 3824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pitzel-v-packaged-furniture-carpet-minnctapp-1985.

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