# Carlson v. Job Service North Dakota

> North Dakota Supreme Court · May 29, 1996 · 548 N.W.2d 389

URL: https://www.frixlaw.com/law-library/cases/9859393

## Case

- **Full name:** Marilyn CARLSON, Claimant and Appellee, v. JOB SERVICE NORTH DAKOTA, Respondent, and North Dakota Department of Human Services, Respondent and Appellant; Marilyn CARLSON, Claimant and Appellee, v. JOB SERVICE NORTH DAKOTA, Respondent and Appellant, and North Dakota Department of Human Services, Respondent
- **Court:** North Dakota Supreme Court
- **Decided:** May 29, 1996
- **Citations:** 548 N.W.2d 389; 1996 N.D. LEXIS 147; 1996 WL 280801
- **Precedential status:** Published
- **Opinion:** Concurrence by Maring
- **Judges:** Vande Walle, Maring, Sandstrom, Neumann
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9859393

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9859393. Public record. Not legal advice.