Minnesota Court of Appeals, 1985

Pitzel v. Packaged Furniture & Carpet

Minnesota Court of Appeals · Decided February 12, 1985 · Parker, Foley, Wozniak

362 N.W.2d 357; 1985 Minn. App. LEXIS 3824 (North Western Reporter, Second Series)

Counsel

Michael D. Pitzel, relator, pro se., Terence P. Durkin, St. Paul, for Packaged Furniture & Carpet., Donald E. Notvik, St. Paul, for Dept, of Economic Sec.

Can I rely on this case?

Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.

(as of 9/30/2026)

Last cited by a Minnesota appellate court in 1986, among the opinions in this site’s citation index.

Not a substitute for Shepard’s or KeyCite — verify before relying.

See our Terms of Use before relying on these notes. Report an error

Minnesota statutes cited

Sections of the Minnesota Statutes this opinion cites.

Minn. Stat. § 268.09

Cases that cite this one

2 later published cases cite this decision.

Montgomery v. F & M Marquette National Bank (Minn. Ct. App. 1986)
Mark W. Peterson Law Offices v. Murphey (Minn. Ct. App. 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

SUMMARY OPINION

FOLEY, Judge.

FACTS

Relator Michael Pitzel was employed by respondent Packaged Furniture & Carpet Co. from March, 1982 to May 1, 1984 as a salesman. After being respondent’s top salesman, Pitzel’s behavior began to change in January of 1984. He became aggressive and offensive with customers and refused to honor unwritten store policy regarding the treatment of customers and the product sold. His personal behavior during and after store hours became erratic and disruptive. After giving several warnings, the employer discharged Pitzel on May 1, 1984.

The Commissioner of Economic Security determined that Pitzel was discharged for misconduct and was disqualified from the receipt of unemployment compensation benefits pursuant to Minn.Stat. § 268.09, subd. 1(2) (Supp. 1983).

DECISION

In reviewing the record and findings of the Commissioner, we find that there is adequate evidence in the record to sustain the findings and they are affirmed. White v. Metropolitan Medical Center, 332 N.W.2d 25, 26 (Minn. 1983). Pitzel’s *358 conduct evinces a willful or wanton disregard of the employer’s interest as defined in Tilseth v. Midwest Lumber Co., 295 Minn. 372, 204 N.W.2d 644 (1973).

The decision of the Commissioner of Economic Security is, therefore, affirmed.

Affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.