ANDERSON v. CITY OF MINNEAPOLIS

No. C2-92-1317.

503 N.W.2d 780 (1993)

Richard D. ANDERSON, Respondent, v. CITY OF MINNEAPOLIS, Petitioner, Appellant.

Supreme Court of Minnesota.

August 13, 1993.


Attorney(s) appearing for the Case

C. Lynne Fundingsland, Asst. City Atty., Robert J. Alfton, Minneapolis City Atty., Minneapolis, for appellant.

Gayle Gaumer, Thomas Bennett Wilson III, Wilson Law Firm, Edina, for respondent.

Heard, considered, and decided by the court en banc.


KEITH, Chief Justice.

This case presents the issue of whether a city employee who is a veteran on voluntary disability leave for over three years is entitled to be reemployed at his former position upon return to work. The court of appeals held that when the employee was deemed fit to return to work, he still retained some "employee" status for Veterans Preference Act (VPA) purposes and, as an employee and a veteran, "could not be demoted except for incompetence or...

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