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VARGAS v. NORTHWEST AREA FOUNDATION

No. A03-498.

673 N.W.2d 200 (2004)

Mario S. VARGAS, Relator, v. NORTHWEST AREA FOUNDATION, Respondent, v. Commissioner of Employment and Economic Development, Respondent.

Court of Appeals of Minnesota.

January 20, 2004.

Attorney(s) appearing for the Case

Albert T. Goins, Sr., Kathryn R. Burke, Minneapolis, MN, for relator.

Daniel G. Wilczek, Karla C. Robertson, Faegre & Benson, LLP, Minneapolis, MN, for respondent Northwest Area Foundation.

Lee B. Nelson, Philip B. Byrne, Minnesota Department of Employment and Economic Development, St. Paul, MN, for respondent Commissioner.

Considered and decided by TOUSSAINT, Chief Judge; G. BARRY ANDERSON, Judge; and PORITSKY, Judge.

OPINION

G. BARRY ANDERSON, Judge.

Relator appeals the commissioner's representative's decision disqualifying him from the receipt of unemployment benefits as a result of a discharge for employment misconduct for refusing to participate in the employer's performance-improvement plan. Because we find that relator refused to attempt performance of the improvement plan and because refusal to attempt performance of any part of the improvement plan is employment...

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