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POTTER v. NORTHERN EMPIRE PIZZA, INC.

No. A10-1965.

805 N.W.2d 872 (2011)

Roger POTTER, Relator, v. NORTHERN EMPIRE PIZZA, INC., Respondent, Department of Employment and Economic Development, Respondent.

Court of Appeals of Minnesota.

September 6, 2011.

Attorney(s) appearing for the Case

Roger L. Potter , Crookston, MN, pro se relator.

Northern Empire Pizza, Inc., Fargo, North Dakota (respondent employer) Lee B. Nelson , Department of Employment and Economic Development, St. Paul, MN, for respondent Department.

Considered and decided by STAUBER, Presiding Judge; STONEBURNER, Judge; and ROSS, Judge.

OPINION

ROSS, Judge.

Roger Potter poked a coworker in the ribcage after the coworker threw Potter's keys. Potter's manager discharged him and Potter began collecting unemployment benefits. The Department of Employment and Economic Development deemed his job-ending incident to be employment misconduct and an unemployment law judge agreed, ending Potter's benefits. Potter argues on appeal that poking his coworker was not a "serious violation," was simple unsatisfactory...

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