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JENKINS v. AMERICAN EXP. FINANCIAL CORP.

No. A04-2308.

721 N.W.2d 286 (2006)

Cassandra J. JENKINS, Appellant, v. AMERICAN EXPRESS FINANCIAL CORP., Respondent, Minnesota Department of Employment and Economic Development, Respondent.

Supreme Court of Minnesota.

September 14, 2006.

Attorney(s) appearing for the Case

Katherine L. MacKinnon, St. Louis Park, MN, for appellant.

Lee B. Nelson, Linda A. Holmes, MN Dept. of Employment and Economic Development, St. Paul, MN, for respondent Department of Employment and Economic Development.

Charles H. Thomas, Mankato, MN, for amicus curiae Southern Minnesota Regional Legal Services, Inc.

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

OPINION

MEYER, Justice.

Appellant Cassandra Jenkins seeks reversal of the court of appeals' decision affirming her disqualification from the receipt of unemployment compensation on grounds of a discharge for misconduct. At issue is whether absenteeism due to incarceration is misconduct when the employer fails to verify employment for purposes of a work-release program. Under the unique facts of this case, we conclude that the employee's absence from work...

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