Butrick v. Peterbilt of Springfield, Inc.
2012 Mo. App. LEXIS 109
Mo. Ct. App.2012Background
- Employer terminated Claimant on Sept. 14, 2010 for multiple warnings of speeding/vehicle abuse.
- Deputy found Claimant disqualified for misconduct connected with work based on speeding and prior warnings.
- Appeals Tribunal reversed Deputy, finding no dismissal for misconduct largely due to questions about satellite-tracking accuracy.
- Employer presented warnings from Sept. 18, 2009; Sept. 23, 2009; Feb. 12, 2010, all regarding driving behavior.
- Sept. 13, 2010 incident involved a citizen report and satellite data showing speeding; Claimant admitted possible speeding but disputed severity.
- Missouri Court of Appeals reversed, remanding to reinstate Deputy’s determination that Claimant was discharged for misconduct and disqualified.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| whether speeding constitutes work misconduct under §288.030.1(23) | Employer argues speeding violates company rules and constitutes misconduct | Claimant argues not misconduct; cushion allowance and lack of precise speed. | Yes; speeding with prior warnings supported misconduct; reversed and remanded to reinstate Deputy's determination. |
Key Cases Cited
- Buckley v. Safelite Fulfillment, Inc., 299 S.W.3d 757 (Mo.App.2009) (misconduct shown by willful violations; burden on employer to prove)
- Robinson v. Courtyard Mgmt. Corp., 329 S.W.3d 736 (Mo.App.2011) (work-related misconduct requires willful violation)
- Scrivener Oil Co., Inc. v. Crider, 304 S.W.3d 261 (Mo.App.2010) (speeding alone not always misconduct; pattern may matter)
- Freeman v. Gary Glass & Mirror, L.L.C., 276 S.W.3d 388 (Mo.App.2009) (review of whether evidence supports misconduct finding)
- Ayers v. Sylvia Thompson Res. Ctr., 211 S.W.3d 195 (Mo.App.2007) (standard for reviewing Commission findings of fact)
- Keaweehu v. 7-Eleven, Inc., 334 S.W.3d 666 (Mo.App.2011) (competent and substantial evidence standard in review)