Job Service

Spectrum Care v. Stevick , 2006 ND 155, 718 N.W.2d 593
A person is disqualified from receiving unemployment compensation benefits if the person is discharged for misconduct.
An employer has the burden to establish by a preponderance of the evidence that a terminated employee's actions constitute misconduct that disqualifies the employee from receiving unemployment compensation benefits.
Gartner v. Job Service North Dakota , 2004 ND 135, 681 N.W.2d 828
An unemployed individual may be entitled to unemployment benefits while attending a retraining program if reasonable and suitable work opportunities for which the individual is suited by training, experience, and physical capabilities do not exist in the individual's locality.
Baier v. Job Service ND , 2004 ND 27, 673 N.W.2d 923
A person is disqualified from receiving unemployment benefits if discharged for misconduct in connection with employment.
An employee who deliberately violates or disregards standards of behavior that the employer rightfully expects is guilty of disqualifying misconduct.
Morris v. Job Service , 2003 ND 45, 658 N.W.2d 345
A claimant for unemployment benefits has the burden of establishing the claimant, rather than the claimant's employers, contributed to a pension fund, to avoid the pension offset provisions of N.D.C.C. 52-06-02(15).
The pension offset provisions of N.D.C.C. 52-06-02(15) do not distinguish between amounts contributed to a pension fund by an employer and amounts contributed to a pension fund by an employer under the directives of a collective bargaining agreement.
Stutsman Co. v. Westereng , 2001 ND 114, 628 N.W.2d 305
A Job Service appeal, in which a base-period employer does not have access to pertinent information available to the other party, does not afford the appellant a fair hearing and is not "conducted in such manner as to ascertain the substantial rights of the parties."
Disclosure of information to a base-period employer who is a party to a claim is necessary "for the proper presentation of a claimant's claim" under the North Dakota Unemployment Compensation Law.
Hjelden v. Job Service ND , 1999 ND 234, 603 N.W.2d 500
Job Service's determination of whether a claimant was fired or voluntarily quit is a factual finding which will not be overturned if a reasoning mind could have reasonably decided the finding was proved by the preponderance of the evidence.
A claimant who voluntarily quits employment bears the burden of showing good cause attributable to the employer.
Good cause does not exist where a claimant refuses to work with a co-worker because the co-worker is slow and inexperienced.
Powers v. Job Service , 1999 ND 162, 598 N.W.2d 817
A claimant for unemployment compensation benefits must show good cause for not timely filing a continuing claim for benefits.
A new hearing is required where a finding is not responsive to a claimant's excuse for late filing of a claim card.
Stalcup v. Job Service , 1999 ND 67, 592 N.W.2d 549
Under N.D.C.C. 52-06-20, inadmissible evidence, including hearsay, may be considered in an unemployment compensation hearing.
A claimant's due process rights are not violated where an agency considers hearsay evidence provided there is a right to cross-examine and subpoena. Where a claimant fails to exercise these rights, they are waived.
Beck v. Job Service North Dakota , 1998 ND App 14, 585 N.W.2d 815
For unemployment benefits eligibility, "able to work" includes being able to work at part-time employment.
Esselman v. Job Service ND , 548 N.W.2d 400 (N.D. 1996)
ProServe Corp. v. Jamesetta N. Rainey , 536 N.W.2d 373 (N.D. 1995)
Lovgren v. Job Service ND , 515 N.W.2d 143 (N.D. 1994)
Holiday Inn v. Karch , 514 N.W.2d 374 (N.D. 1994)
Matter of BKU Enterprises, Inc. , 513 N.W.2d 382 (N.D. 1994)
Neubauer v. Job Service ND , 512 N.W.2d 428 (N.D. 1994)
Tharp v. Job Service ND , 516 N.W.2d 300 (N.D. 1994)
Lambott v. Job Service North Dakota , 498 N.W.2d 157 (N.D. 1993)
Hulse v. Job Service ND , 492 N.W.2d 604 (N.D. 1992)
Tehven v. Job Service North Dakota , 488 N.W.2d 48 (N.D. 1992)
Hins v. Lucas Western and Job Service ND , 484 N.W.2d 491 (N.D. 1992)
Dakota West Pumping & Trenching v. Job Service North Dakota , 485 N.W.2d 353 (N.D. 1992)
Shafer v. Job Service North Dakota , 485 N.W.2d 353 (N.D. 1992)
Turnbow v. Job Service North Dakota , 479 N.W.2d 827 (N.D. 1992)
Midwest Property Recovery, Inc. v. Job Service of ND , 475 N.W.2d 918 (N.D. 1991)
Marion v. Job Service ND , 470 N.W.2d 609 (N.D. 1991)
Lipp v. Job Service ND , 468 N.W.2d 133 (N.D. 1991)
Shafer v. Job Service ND , 464 N.W.2d 390 (N.D. 1990)
Schaefer v. Job Service ND , 463 N.W.2d 665 (N.D. 1990)
Newland v. Job Service ND , 460 N.W.2d 118 (N.D. 1990)
Speedway, Inc. v. Job Service ND , 454 N.W.2d 526 (N.D. 1990)
Steele v. Job Service ND , 445 N.W.2d 635 (N.D. 1989)
Six v. Job Service North Dakota , 443 N.W.2d 911 (N.D. 1989)
Lee v. Job Service ND , 440 N.W.2d 518 (N.D. 1989)
Capital City Foods, Inc. v. Job Service ND , 438 N.W.2d 198 (N.D. 1989)
Goeller v. Job Service of ND , 425 N.W.2d 925 (N.D. 1988)
Pickard v. Job Service ND , 422 N.W.2d 409 (N.D. 1988)
Sadek v. Job Service ND , 420 N.W.2d 340 (N.D. 1988)
Medcenter One, Inc. v. Job Service ND , 410 N.W.2d 521 (N.D. 1987)
Erovick v. Job Service ND , 409 N.W.2d 629 (N.D. 1987)
Wahlstrom v. Job Service ND , 406 N.W.2d 693 (N.D. 1987)
Ewert v. Job Service ND , 403 N.W.2d 4 (N.D. 1987)
Christenson v. Job Service , 399 N.W.2d 300 (N.D. 1987)
Skjefte v. Job Service North Dakota , 392 N.W.2d 815 (N.D. 1986)
Blueshield v. Job Service North Dakota , 392 N.W.2d 70 (N.D. 1986)
Carlson v. Job Service North Dakota , 391 N.W.2d 643 (N.D. 1986)
Otto v. Job Service North Dakota , 390 N.W.2d 550 (N.D. 1986)
Olson v. Job Service North Dakota , 379 N.W.2d 285 (N.D. 1985)
Sonterre v. Job Service , 379 N.W.2d 281 (N.D. 1985)
Davis v. State , 365 N.W.2d 497 (N.D. 1985)
Schadler v. Job Service North Dakota , 361 N.W.2d 254 (N.D. 1985)
Shark Bros., Inc. v. Peterson , 345 N.W.2d 376 (N.D. 1984)
Lord v. Job Service North Dakota , 343 N.W.2d 92 (N.D. 1984)
Trehus v. Job Service , 336 N.W.2d 362 (N.D. 1983)
Perske v. Job Service of North Dakota , 336 N.W.2d 146 (N.D. 1983)
State ex rel. Job Service v. Dionne , 334 N.W.2d 842 (N.D. 1983)
Olson v. Peterson , 319 N.W.2d 147 (N.D. 1982)
Amoco Oil Co. v. Job Service North Dakota , 311 N.W.2d 558 (N.D. 1981)
Unemployment Compensation Division v. Bjornsrud , 261 N.W.2d 396 (N.D. 1977)
State Hospital v. N.D. Employment Security Bureau , 239 N.W.2d 819 (N.D. 1976)
Rilling v. Unemployment Compensation Division , 151 N.W.2d 304 (N.D. 1967)

Generated from Supreme Court Docket on 07/23/2008