--- title: "Minnesota Unemployment Benefits: Employee Misconduct" description: Whether in the quiet town of Hugo or the prestigious walls of the Mayo Clinic, employees get fired. --- [Dan's Desk](https://www.gallatin-law.com/blog/author/dan-gallatin) - [lawyer](https://www.gallatin-law.com/blog/tag/lawyer) - [hugo](https://www.gallatin-law.com/blog/tag/hugo) - [MN](https://www.gallatin-law.com/blog/tag/mn) - [law](https://www.gallatin-law.com/blog/tag/law) - [attorney](https://www.gallatin-law.com/blog/tag/attorney) - [legal](https://www.gallatin-law.com/blog/tag/legal) [Subscribe](https://www.gallatin-law.com/blog/minnesota-unemployment-benefits-employee-misconduct#) 03/01/2017 # Minnesota Unemployment Benefits: Employee Misconduct - - - - - [mailto:?subject=Minnesota%20Unemployment%20Benefits%3A%20Employee%20Misconduct&body=https%3A%2F%2Fwww.gallatin-law.com%2Fblog%2Fminnesota-unemployment-benefits-employee-misconduct](mailto:?subject=Minnesota%20Unemployment%20Benefits%3A%20Employee%20Misconduct&body=https%3A%2F%2Fwww.gallatin-law.com%2Fblog%2Fminnesota-unemployment-benefits-employee-misconduct) ![termination](http://96bda424cfcc34d9dd1a-0a7f10f87519dba22d2dbc6233a731e5.r41.cf2.rackcdn.com/gallatinlaw/termination.jpg)Whether in the quiet town of Hugo or the prestigious walls of the Mayo Clinic, employees get fired. If the termination is contentious, the determination of whether the employee was terminated for misconduct will surface in the context of eligibility for unemployment benefits. What is employee misconduct? Minnesota employers, whether in Hugo, White Bear Lake, or otherwise, are governed by the same definition of employment misconduct. Employment misconduct is defined as “any intentional, negligent, or indifferent conduct, on the job or off the job that displays clearly: (1) a serious violation of the standards of behavior the employer has the right to reasonably expect of the employee; or (2) a substantial lack of concern for the employment.” Minn. Stat. § 268.095 subd. 6 (2016). Refusing to abide by an employer's reasonable policies and requests ordinarily amounts to employment misconduct. Schmidgall v. FilmTec Corp., 644 N.W.2d 801, 804 (Minn. 2002). Like most aspects of, there is no absolute certainty from the above. But, it's the law and the law is what will be applied. Employers should use the above to prepare for unemployment hearings and focus their arguments on the law and facts that support the law. I can help with that preparation, so let's talk and see if my assistance is right for you and your case. The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. All information contained in links are the property of the linked site. - [employment](https://www.gallatin-law.com/blog/tag/employment), - [misconduct](https://www.gallatin-law.com/blog/tag/misconduct), - [termination](https://www.gallatin-law.com/blog/tag/termination) ![Dan Gallatin](https://www.gallatin-law.com/hubfs/assets-mjfw/site%20images/Dans-Desk.jpg) ## [Dan Gallatin](https://www.gallatin-law.com/blog/author/dan-gallatin) Dan is a lifelong resident of Minnesota. Born in St. Paul, Dan spent many of his formative years growing up there before moving to White Bear Lake. After graduating from White Bear Lake, Dan spent four glorious years at the University of Wisconsin-Madison, earning a degree in two majors. Dan worked as a Senior Investigator at the Minnesota Department of Commerce for several years after graduating from college. During his final years Dan attended William Mitchell College of Law while still working full-time. During this exhausting 3 ½ year period Dan honed his skills in becoming an efficient, to-the-point legal practitioner. While at Madison Dan met his wife, Tonya, and together they moved to Minnesota to plant their roots. Dan and Tonya have two amazing, unique children and reside in Hugo. ### CONNECT WITH ME - ## Related Posts [10/14/2020 Recent Regulatory Actions by the Minnesota Department of Commerce It has been a while since I checked on the erratic and heavy-handed Department of Commerce, but this week I took a peek at the recent regulatory… Read Post ](https://www.gallatin-law.com/blog/recent-regulatory-actions-by-the-minnesota-department-of-commerce) [02/22/2017 Recent Regulatory Actions in Minnesota As an active Hugo Minnesota lawyer, I keep an eye on what the regulators are imposing for sanctions on licensees. Once in a while, I put up some of… Read Post ](https://www.gallatin-law.com/blog/recent-regulatory-actions-in-minnesota1) ### Subscribe Here! ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Dan Gallatin", "url" : "https://www.gallatin-law.com/blog/author/dan-gallatin" }, "dateModified" : "2020-08-21T22:36:56.972Z", "datePublished" : "2017-03-01T06:00:00.000Z", "headline" : "Minnesota Unemployment Benefits: Employee Misconduct", "mainEntityOfPage" : { "@id" : "https://www.gallatin-law.com/blog/minnesota-unemployment-benefits-employee-misconduct", "@type" : "WebPage" }, "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://www.gallatin-law.com/hubfs/logos/Gallatin-Logo-654x84.png" }, "name" : "Gallatin Law, PLLC" } } ```