SMITH v. AMERICAN INDIAN CHEM. DEPENDENCY

No. CX-83-1588.

343 N.W.2d 43 (1984)

Elroy SMITH, Relator, v. AMERICAN INDIAN CHEMICAL DEPENDENCY DIVERSION PROJECT, Respondent, and Commissioner of Economic Security, Respondent.

Court of Appeals of Minnesota.

January 25, 1984.


Attorney(s) appearing for the Case

Edward Rooney, Mirviss, Seltz & Rooney, P.A., Minneapolis, for relator.

Frank Levin, Minneapolis, for respondent American Indian Chemical Dependency Diversion Project.

Hubert H. Humphrey, III, Atty. Gen., Paul Heckt, Sp. Asst. Atty. Gen., St. Paul, for Com'r of Economic Sec.

Heard, considered and decided by POPOVICH, C.J., and FOLEY and SEDGWICK, JJ.


OPINION

POPOVICH, Chief Judge.

Relator Elroy Smith was fired for a three day unexcused absence resulting from his incarceration for failure to pay a traffic ticket. The Department of Economic Security found that Smith was discharged for misconduct and denied him unemployment compensation benefits. This court granted certiorari. We affirm.

FACTS

Smith worked for the American Indian Chemical Dependency Diversion Project (AICDDP). He had a...

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