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AUGER v. GILLETTE CO.

Nos. 50998, 51005.

303 N.W.2d 255 (1981)

Margaret AUGER, Relator, v. GILLETTE COMPANY, Respondent, Commissioner of the Minnesota Department of Economic Security, Respondent. Lynn WICKENHOUSER, Relator, v. GILLETTE COMPANY, Respondent, Commissioner, Minnesota Department of Economic Security, Respondent.

Supreme Court of Minnesota.

February 27, 1981.

Attorney(s) appearing for the Case

Margaret A. Auger, pro se.

Lynn C. Wickenhouser, pro se.

Warren Spannaus, Atty. Gen., and William G. Brown, Sp. Asst. Atty. Gen., St. Paul, for Dept. of Economic Sec.

Oppenheimer, Wolff, Foster, Shepard & Donnelly and Carol A. Ellingson, St. Paul, for Gillette Co.

Considered and decided by the court en banc without oral argument.

OPINION

SIMONETT, Justice.

Employees, Lynn Wickenhouser and Margaret Auger, were terminated from their employment for an incident of sleeping on the job. Both were denied unemployment compensation benefits by the Commissioner, Department of Economic Security. The issue on appeal is whether, in these circumstances, sleeping on the job constituted misconduct. Minn.Stat. § 268.09, subd. 1(2) (1980).

Both Wickenhouser and Auger were night janitors...

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