Minnesota Court of Appeals: Employees Can’t Unintentionally Quit

A recent decision from the Minnesota Court of Appeals gives employees additional rights and protections when taking time off from work. According to the court, if a person takes time off from work to address her family’s homelessness, she hasn’t quit her job. The decision could benefit employees who request time off who are terminated and denied unemployment benefits.

A recent decision from the Minnesota Court of Appeals gives employees additional rights and protections when taking time off from work. According to the court, if a person takes time off from work to address her family’s homelessness, she hasn’t quit her job. The decision could benefit employees who request time off who are terminated and denied unemployment benefits.

Time off for family emergency is not quitting
An employee who worked for Securitas Security Services was denied unemployment benefits because the company said she quit her job. The mother of two had health problems and requested time off when one of her children was taken to the emergency room and quarantined for 24 hours. Later that year she was evicted from her home and when she tried to contact her employer, there was no answer. The employee also sent a text message stating that she had a family emergency and would not be at work.

The supervisor responded with a text that said, “Okay.” She later texted that she was overwhelmed trying to address her housing situation and care for her children. One week later she received a letter stating that she was out of a job. The Minnesota Department of Employment and Economic Development originally denied her application for unemployment benefits on the grounds that she was discharged for misconduct. The unemployment law judge upheld the denial of benefits on grounds that she had quit. On appeal, a three-judge panel determined that when the employee asked for time off to care for her family emergency, she was not quitting her job.

According to the opinion by Judge Randall of the Minnesota Court of Appeals, “An employee cannot quit under Minn. Stat. § 268.095, subd. 2(a), unless the employee makes the decision to end the employment. An employee cannot ‘unintentionally’ quit employment.”

What are the consequences of quitting my job?
In Minnesota, quitting your job could result in the denial of unemployment benefits. There are some exceptions to this rule, such as quitting for good reason caused by employer, a serious injury or illness, if the employment was unsuitable and you quit within the first 30 days of employment, if you were notified that you would be laid off and you quit before that date, domestic abuse, loss of child care with reasonable effort to find new child care, or if your spouse was relocated. For more information, contact an unemployment benefits attorney.

I have suffered discrimination or harassment—should I quit?
If you have suffered from discrimination or harassment in the workplace, remember that you do have rights. Whether or not you should quit depends on what outcome you want in your case—do you want to protect your position? Are you worried about a career move? Have you been denied compensation or your right to fair wages? Quitting could also impact your right to benefits. Before taking any action you should consult with an experienced employment law attorney.

I took time off and lost my job. Does this mean I “quit?”
Based on the decision by the Minnesota Court of Appeals, taking time off does not necessarily mean you quit your job. In this case a family emergency and time off did not constitute unintentional quitting. If you were terminated from your position without cause or you think that you suffered from wrongful termination, you should have your case reviewed by an experienced advocate.

I got fired for taking time off — is this wrongful termination?
Not necessarily. Wrongful termination is related to discharge for any unlawful reasoning such as discrimination based on race, pregnancy, sex, religion or if you are a member of another protected class. You could also be a victim of wrongful termination if you suffered from retaliation for reporting misconduct. Most employees are considered “at-will” meaning that they can be terminated at any time, for any reason, unless the decision is based on an unlawful discriminatory or retaliatory reason.

Did you lose your job for taking time off? Do you suspect discrimination or retaliation?
If you have recently lost your job or suffered adverse action based on discrimination, you may be entitled to compensation. Wanta Thome Jozwiak & Wanta LLP is dedicated to helping employees of Minnesota protect their rights and pursue all available remedies in the event of adverse employment action. Please call 612-252-3570 to discuss your case with our wrongful termination attorneys.