(USERRA). The 8th Circuit held that
the omission, resulting in the veteran
not having a job upon the end of his
military duty, constituted an automatic
claim. Dorris v. TXD Services, 2014
WL 747476 (8th Cir. 02/27/2014).
■ Discrimination: Race, Gender Bias.
An employee’s claim that he was not
promoted due to alleged race and gender bias was not actionable because the
employer was not obligated to create a
new position for the employee.
AuBu-chon v. Geithner, 743 F.3d 638 (8th
■ Unemployment Compensation; Off-duty Driving Offense. An employee who
was a full-time driver was denied unemployment compensation because of an
off-duty driving incident. The Minnesota Court of Appeals ruled that DUI
and refusal to submit to testing while
driving a vehicle constituted a violation
of a reasonable policy and warranted
denial of benefits. Kastings v. Midwest Unlimited, Inc., A13-637, 2014
WL 103419 (Minn. App. 01/13/2014)
(unpublished). Slip op. at http://mn.gov/
■ Unemployment Compensation; Insubordination. An employee who violated
company policy, refused to discuss the
incident with his boss, and then left
work early was ineligible for benefits.
The Minnesota Court of Appeals upheld denial of benefits because of prior
warnings of discipline by the employer.
Latzke v. Silgan Container Mfg. Co.,
A13-1107, 2014 WL 802365 (Minn.
App. 2014)(unpublished). Slip op. at
■ Unemployment Compensation; Rudeness. A retail store clerk who was rude
to customers, coworkers, and his boss
lost his bid for benefits. The Minnesota Court of Appeals ruled that the
employee’s poor behavior and attitude
constituted disqualifying “misconduct.”
Barrett v. Rot Katzchaen, LLC, A13-
697, 2014 WL 801748 (Minn. App.
03/03/2014)(unpublished). Slip op. at
■ Public Sector Employees: 1st
Amendment. The U.S. Supreme Court
ERIC JOHNSON TAX ATTORNEY
Tax Li Tiga Tion and ConsuLTing
US Bank Center n 101 East 5th Street n Suite 910 n St. Paul, MN 55101
(651) 224-6638 n www.johnsontaxlaw.com
n Former iRs senior attorney
n Representation before iRs
n u.s. and Mn Tax Court litigation
n u.s. district Court litigation
n Eighth Circuit appeals
n Criminal issues