Jenkins v. GEORGE GIPSON ENTERPRISES, LLC
2010 Mo. App. LEXIS 1686
Mo. Ct. App.2010Background
- Claimant Samantha Jenkins worked as a crew member at George Gipson Enterprises, LLC's McDonald’s restaurant.
- On Oct 2, 2009, Jenkins allegedly balanced a cash register with a $10 shortfall identified by the employer.
- Employer’s general manager, Christina McGee, reviewed a surveillance tape and claimed Jenkins took a $10 bill and hid it.
- Jenkins denied stealing and denied viewing the surveillance tape; McGee testified about what the tape showed.
- The deputy initially disqualified Jenkins from unemployment benefits for misconduct; the Appeals Tribunal reversed.
- The Commission then reversed again, disqualifying Jenkins for misconduct, leading to this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the Commission have competent evidence of misconduct? | Jenkins contends there was only hearsay evidence. | Gipson argues McGee’s testimony about the tape is competent. | No; evidence insufficient for misconduct |
Key Cases Cited
- Rector v. Kelly, 183 S.W.3d 256 (Mo.App. W.D.2005) (limits review to competent substantial evidence)
- Hill v. Norton & Young, Inc., 305 S.W.3d 491 (Mo.App. E.D.2010) (burden-shifting in misconduct cases; hearsay considerations)
- Korkutovic v. Gamel, Co., 284 S.W.3d 653 (Mo.App. E.D.2009) (standard of review; cust of evidence)
- Ewing v. SSM Health Care, 265 S.W.3d 882 (Mo.App. E.D.2008) (limits on Commission's legal application)
- Helfrich v. Labor and Indus. Relations Comm'n, Div. of Employment Sec., 756 S.W.2d 663 (Mo.App. E.D.1988) (hearsay waiver implications at agency hearings)