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CUNNINGHAM v. WAL-MART ASSOCIATES, INC.

No. A11-153.

809 N.W.2d 231 (2011)

James CUNNINGHAM, Relator, v. WAL-MART ASSOCIATES, INC., Respondent, Department of Employment and Economic Development, Respondent.

Court of Appeals of Minnesota.

December 27, 2011.

Attorney(s) appearing for the Case

Peter B. Knapp , William Mitchell Law Clinic, Justin McCluskey (certified student attorney), St. Paul, MN, for relator.

Wal-Mart Associates, Inc., c/o TALX UCM Services, Inc., St. Louis, MN, respondent.

Lee B. Nelson , Amy R. Lawler , Minnesota Department of Employment and Economic Development, St. Paul, MN, for respondent Department of Employment and Economic Development.

Considered and decided by CONNOLLY, Presiding Judge; HALBROOKS, Judge; and HARTEN, Judge.

OPINION

HALBROOKS, Judge.

Respondent Wal-Mart Associates, Inc. discharged relator James Cunningham after he failed to report to work or call in for five consecutive shifts. Cunningham began collecting unemployment benefits. Wal-Mart challenged Cunningham's eligibility status, and the unemployment-law judge (ULJ) determined that Cunningham is ineligible because he was discharged for employment misconduct...

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