 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Klingsheim v. Happyland Tree Farms8/16/2005
In challenging the decision of the senior unemployment law judge disqualifying relator from receiving unemployment benefits because he quit without a good reason caused by his employer, relator contends that the findings were not supported by the record. Because the record supports the findings, we affirm.
FACTS
Relator Lawrence Klingsheim worked for respondent Happyland Tree Farms (Happyland) from April 2001 to August 10, 2004, when he voluntarily quit his job. While employed with Happyland, relator was sent to job sites where he worked with a crew to pull trees out of the ground and package them for delivery to landscapers, wholesalers, and retailers. Relator subsequently applied for unemployment benefits, but the Minnesota Department of Employment and Economic Development determined that relator was disqualified from receiving benefits. Relator appealed to the unemployment law judge, who conducted an evidentiary hearing.
At the hearing, relator testified that he quit because of a "culmination of different things that have occurred throughout years of employment," but his main reason for quitting was " hreats of physical harm." Relator testified that two co-workers, Mr. Herron and Mr. Smith, made regular threats. Relator testified that Herron punched, kicked, and swore at relator without provocation on May 8, 2004. Relator alleged that he reported the incident to his supervisor, Leroy Bacon.
Relator further testified that co-workers made physical threats about every other day following the May 8 incident, but relator admits not reporting any threats to Bacon. Relator explained that he did not report the threats because he feared further retaliation from co-workers. Relator voluntarily quit on August 10, 2004, because that day another co-worker informed appellant "to watch back" because it was well known within the crew that unless appellant quit or was fired, "the incidents would get more serious in nature and would occur more often until [relator] either got fired or quit." Relator admits that he did not tell Bacon about the co-worker's comment.
Additionally, relator alleged that he complained to Bacon about the driver and other crew members in the main transport vehicle using alcohol and drugs and about Happyland's alleged improper garnishing of his wages.
Bacon testified that he received one complaint that the drivers of the vehicle were drinking on the way home from a work trip to Michigan. The driver and the crew denied the allegation when Bacon inquired. Additionally, Bacon testified that relator never reported that Herron assaulted relator on May 8. Instead, Bacon testified that Herron reported that he and relator had an altercation during which relator attacked him and called him a "child molester." The next day, relator apologized to the crew for his action against Herron. The other crew members told Bacon that on May 8 relator called Herron a "child molester" and swung and missed Herron. The crew members also told Bacon that no one attacked relator.
Bacon further testified that relator never reported being threatened by Herron or Smith. Bacon was also unaware that a crew member told relator on August 10, 2004, that the crew wanted relator to quit or be fired. Bacon acknowledged that relator told him that relator wanted Happyland to stop garnishing his checks. Bacon replied that the company was under a court order to garnish his payments and that it could not simply stop because relator wanted it to. Ken Olson, Happyland CEO, testified that relator had never complained to him about being harassed by the crew members or made any other complaints.
Following the hearing, the unemployment l
Page 1 2 3 Minnesota Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|