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Court: Mistake No Reason To Withhold Unemployment

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(credit: Jupiter Images)

(credit: Jupiter Images)

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ST. PAUL, Minn. (AP) – The Minnesota Court of Appeals has ruled that a worker’s mistake on the job is not enough reason to deny unemployment benefits.

Joan Dourney was fired from Panino’s Restaurant in Shoreview in January 2010 for serving alcohol to a minor. Minnesota Public Radio News reports that when Dourney tried to file for unemployment, she was told she was ineligible because the restaurant found her guilty of misconduct.

A judge found that Dourney’s firing wasn’t due to misconduct and she should receive benefits. The restaurant appealed. The appeals court issued its ruling Tuesday.

Dourney claimed she assumed the customer was older than 21 because she was accompanied by Dourney’s former co-worker, whom she knew was old enough to drink.

(© Copyright 2011 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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