Opinion

Carlson v. Job Service North Dakota

  • 548 N.W.2d 389
  • 1996 N.D. LEXIS 147
  • 1996 WL 280801
Court
North Dakota Supreme Court
Filed
May 29, 1996
Status
Published
Author
Maring
On the bench
Vande Walle, Maring, Sandstrom, Neumann
Cited by
15 cases
Authority
More cited than 13.1%

stating a person is denied due process or a fair hearing when the defects in the hearing process might lead to a denial of justice

How later courts described this case

  • stating a person is denied due process or a fair hearing when the defects in the hearing process might lead to a denial of justice
  • “after careful review and consideration of the record”

Written by the judges who cited it.

The opinion

MARING, Justice,

concurring in the result.

I write separately to again point out, in adherence with my concurrence in Esselman v. Job Service, 548 N.W.2d 400 (N.D.1996), that an employee may have good cause to quit when an employer, who is present during harassing and intimidating behavior directed by one employee at another co-employee, does nothing to stop or discourage such harassment. Merely setting up retreats and meetings without regard to how those meetings are conducted does not satisfy the responsibility of the employer to stop harassment of which it has notice.

I am bound by the standard of review set forth in section 28-32-19, N.D.C.C., and *400 again I cannot say that a reasoning mind could not have reasonably decided that the agency’s factual conclusions were supported by the weight of the evidence. I, therefore, agree with the majority that the agency decision must be affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.