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North Dakota Unemployment Case Law
These cases are from the North Dakota Judiciary Server
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Union members want to collect unemployment while on strike.
He hurt his back. He quit. He collects.
This court scolds the Department for delaying a case for five years.
BKU Enterprises
They say their vacuum cleaner salesmen are independent contractors, so they shouldn't have to pay the Unemployment tax. The court says pay.
Another guy there gave him some lip, so he shoved him.
They were going to fire her anyway, so she quit. Because they were going to fire her anyway, she collects.
The job gave her a stomach ache. Women frequently consider job stress to be good cause for quitting work. Unemployment departments do not.
Companion Care Service
The Job Service wants a home care agency to pay unemployment taxes on its aides. The agency had 30 days to appeal. They appealed on the 33rd day. But they get 3 more days because the notice was mailed.
At first, Job Service granted him benefits. Afterwards, they changed their tune, decided he was not eligible, and demanded their money back. But he did not appeal the money-back business.
A motel owner claims that all her workers are independent contractors on whose wages she should not have to pay unemployment taxes. Despite repeated subpoenas, she refuses to show the agency her books. Now she is in contempt of court.
She was an "Environmental Services Technician I" at the hospital. Apparently, that's a floor mopper. She quit because of "evaluation discrimination". Apparently, that means she thought they didn't like her.
A couple of workers quit from an unhappy counseling agency. The place sounds like a real stress factory. Maybe the agency should have counseled themselves, you say? They did; that's where the arguments began! So much for counseling.
He quit before the seasonal layoff.
Fresh Air Enterprises
An employer must pay taxes on its vacuum cleaner salesmen.
A lawn sprinkler installer enrolled in school during the Winter when he was usually laid off anyway. Because he is in school, he cannot collect the unemployment benefits he usually collects.
He retired only because he had reached mandatory retirement age, not voluntarily.
Grace Lutheran
New federal regulations want to tax church schools. This court explains why that's a bad idea.
Ordinarily, a teacher with reasonable assurance of returning to work in the Fall is not eligible for unemployment during the summer. But the school told him they expected funding cuts and could not guarantee his job next year. So why does he not collect?
A barmaid refused to work with a slow bartender.
Two workers squabbled.
He muttered to himself, "What a waste of human sperm!" For that, they fired him. The truth or untruth of the remark is apparently not at issue.
The books were a mess. They held an enquiry. She refused to answer any questions without a lawyer.
Grinches beware. She had worked there 20 years. Two months before, she asked to have Christmas Day off. The supervisor never told her she couldn't until the 23rd. She took off. They fired her. The court says she collects.
Hard to work with.
The Job Service found her a job paying a buck and a quarter more than the one she was laid off from. She turned it down. She does not collect.
A full time college student may not collect unemployment.
They promised her bonuses, but did not pay them. They gave her no raises. They stopped paying on her insurance. She quit. She collects.
A kitchen helper got a blister on his foot, and went home to let it heal. He was out for two months.
A telemarketer was fired for falsifying her tally sheets. The court says she doesn't collect.
The clerk of the parole board took confiscated weapons hunting. He traded other confiscated wqeapons for jackets. He got fired. Now he thinks he should collect unemployment.
Medcenter One
A nurse jabbered incessantly to all and sundry about her pending divorce instead of doing her work.
A funeral home must pat unemployment tax on the wages of their furneral directors.
Midwest Property Recovery
This outfit must pay unemployment taxes on its repossessors.
His pension is deducted from his benefits because his employers contributed to it.
This telephone reservation clerk had an easy way to get rid of unhappy customers - she hung up on them. Ask to speak to her supervisor? You're history! The court says she doesn't collect.
They changed her shift to nights. But she had three children and a husband who worked nights. So she had to quit. She collects.
Nodak Construction
Workers for a small construction company are not independent contractors.
She had two beers, fell asleep at the wheel, and drove her car into a ditch. When she got out of the hospital, she admitted herself to a state hospital for " emotional problems" for a couple of days. Then she called off work some more. They fired her for drinking the two beers.
His social security pension will be deducted from his unemployment benefits.
A seasonal worker took off for surgery during the season, then collected unemployment after the season. Now, they want her to pay back what she collected.
She herself wrote on her application for benefits: "I have been working there for 2 years. I was almost always late."
An insurance guy at an auto dealer failed his insurance license test. When they suggested putting him under some guys who could train him, he walked out.
He waiting to turn in his claim card until after his appeal was decided. Thus, he missed the deadline. It's unsure whether he had a good reason to.
First they whacked each other with cooking pots, and then they went at it with knives. Of course, they were fired. Then the Job Service actually paid her Unemployment benefits! The lower court said she shouldn't collect, so the job service is now appealing to a higher court, still trying to pay this woman. This court says no.
A beekeeper does not qualify for unemployment because his work is agricultural.
An alcoholic nurse's aide went awol because she was upset that they wrote her up for negligence.
Shark Brothers
The assigned unemployment tax rate for a new employer is 5%. They bought a store which enjoyed a rate of only 0.5%. They obtained the lower rate as a successor of the business. But now the outfit which sold them the store fights to deny them the lower rate.
A teacher resigned. He claims he should collect because the superintendent of schools advised him to resign.
They fired her because her family called up on the 800 number.
They changed her shift abruptly. She could not find a baby sitter for the new shift.
They own the building. They lease it to a gal for 3/4 of the profit. She runs the restaurant there. The Job Service insists that they must pay unemployment taxes on her income.
She failed her drug test. She says that must be someone else's pee; couldn't be hers.
He lost the end of his thumb in an accident. Months went by. They offerred him light duty, but he would not accept it. They canned him. He collects.
Stutsman County
The Job Service wants to charge them for a proportion of a claimant's unemployment benefits, but will not let them contest eligibility, nor let them know how they came up with the proportion they are charged.
A hospital clerk was fired for looking at her husband's medical records.
Tollefson et al
Several people quit their county jobs to work elsewhere, were laid off, and now are charged to the county.
He appeals from a court order. One can only appeal from a court judgement. So his appeal is dismissed.
His shop closed down, but the company kept him on to do some cleaning. They kept talking about laying him off, but never did. He quit to work for himself. When that didn't work out, he applied for unemployment. He collects
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