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REED v. MINN. DOT, GOLDEN VALLEY DIST. 5

No. C4-88-4.

422 N.W.2d 537 (1988)

Michael REED, Respondent, v. MINNESOTA DEPARTMENT OF TRANSPORTATION, GOLDEN VALLEY, DISTRICT 5, Relator, Commissioner of Jobs and Training, Respondent.

Court of Appeals of Minnesota.

Review Denied June 29, 1988.

Attorney(s) appearing for the Case

Anthony Rossini, Minneapolis, for Michael Reed.

Hubert H. Humphrey, III, Atty. Gen., Alan C. Page, Asst. Atty. Gen., St. Paul, for Minnesota Dept. of Transp., Golden Valley, Dist. 5.

Hubert H. Humphrey, III, Atty. Gen., Donald E. Notvik, Sp. Asst. Atty. Gen., St. Paul, for Com'r of Jobs and Training.

Heard, considered and decided by CRIPPEN, P.J., and SCHULTZ and FLEMING, JJ.

OPINION

HAROLD W. SCHULTZ, Acting Judge.

A Commissioner's representative from the Minnesota Department of Jobs and Training determined that respondent employee, who had engaged in off-duty harassment of other employees, was not guilty of misconduct for unemployment compensation purposes. Concluding that respondent's actions constituted misconduct as a matter of law, we reverse.

FACTS

Respondent Michael Reed was employed by the Minnesota...

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