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LEE v. FRESENIUS MEDICAL CARE, INC.

No. A05-1887.

719 N.W.2d 222 (2006)

Susan LEE, Appellant, v. FRESENIUS MEDICAL CARE, INC., Respondent.

Court of Appeals of Minnesota.

August 8, 2006.

Attorney(s) appearing for the Case

Don L. Bye, Duluth, MN, for appellant.

Sandro M. Garofalo, Marko Mrkonich, Littler Mendolson, P.C., Minneapolis, MN, for respondent.

Considered and decided by TOUSSAINT, Chief Judge; PETERSON, Judge; and MINGE, Judge.

OPINION

PETERSON, Judge.

This appeal is from a summary judgment that appellant Susan Lee is not entitled to be paid for unused vacation time that she had earned at the time she was discharged because Lee's employment contract included a provision that an employee who is terminated for misconduct is not eligible for payment of earned but unused vacation time, and Lee was discharged for misconduct. We reverse and remand.

FACTS

Appellant Susan...

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