Brinker v. N & R OF JONESBURG, INC.
2011 Mo. App. LEXIS 1405
Mo. Ct. App.2011Background
- Brinker was employed as a cook at N & R of Jonesburg, Inc., a skilled nursing facility.
- On August 27, 2010 Brinker asked to be excused from work; her supervisor told her it was okay to leave.
- On August 28, 2010 the administrator told Brinker she could not return because she had left the prior day without permission.
- The Division deputy initially disqualified Brinker for misconduct connected with work, later modified by the Tribunal to reflect the August 28 discharge.
- The Tribunal concluded Brinker’s early departure violated N & R’s standards of conduct and constituted work-related misconduct under Section 288.030.1(23).
- The Commission affirmed the Tribunal’s decision; Brinker appealed to the Missouri Court of Appeals (Eastern District).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brinker's early departure with supervisor permission constitutes misconduct | Brinker left with supervisor approval; not misconduct | Leaving work early violated employer standards and constitutes misconduct | No misconduct; leaving with permission not misconduct |
Key Cases Cited
- Ayers v. Sylvia Thompson Residence Ctr., 211 S.W.3d 195 (Mo. App. W.D.2007) (scope of review for unemployment benefits; evidence standard)
- Hampton v. Big Boy Steel Erection, 121 S.W.3d 220 (Mo. Banc 2003) (record as basis for award; substantial evidence standard)
- Willcut v. Div. of Employment Sec., 193 S.W.3d 410 (Mo. App. E.D.2006) (weight of evidence; Commission’s findings binding on appeal)
- Ottomeyer v. Whelan Sec. Co., 202 S.W.3d 88 (Mo. App. E.D.2006) (conduct constitutes misconduct; de novo review of law questions)
- Moore v. Swisher Mower & Machine Co., Inc., 49 S.W.3d 731 (Mo. App. E.D.2001) (obligation to report absences under employer policy)
- Hoover v. Cmty. Blood Ctr., 153 S.W.3d 9 (Mo. App. W.D.2005) (misconduct defined; need willful disregard or violation of rules)