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RISK v. EASTSIDE BEVERAGE

No. C0-02-1920.

664 N.W.2d 16 (2003)

Thomas P. RISK, Relator, v. EASTSIDE BEVERAGE, Commissioner of Economic Security, Respondents.

Court of Appeals of Minnesota.

June 24, 2003.

Attorney(s) appearing for the Case

Thomas P. Risk, Blaine, pro se relator.

Paul J. Zech, Janet C. Ampe, Felhaber, Larson, Fenlon & Vogt, P.A., Minneapolis, for respondent employer.

Lee B. Nelson, Philip B. Byrne, St. Paul, for respondent Commissioner of Economic Security.

Considered and decided by HARTEN, Presiding Judge, STONEBURNER, Judge, and MINGE, Judge.

OPINION

MINGE, Judge.

The commissioner's representative determined that it was employment misconduct for the relator to have an alcohol concentration level over the applicable legal limit during work hours and while driving his employer's vehicle. We affirm and reject relator's claims that he could only be discharged upon conviction of the criminal offense of DWI or loss of his driver's license under the implied consent law.

FACTS

Relator...

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