Kimble v. Division of Employment Security, 388 S.W.3d 634

Kimble’s IT Manager position was eliminated; offered continued employment as a salesperson with different pay terms.
Kimble rejected the Offer after a one-week consideration period during which he was paid.
Kimble signed a “Voluntary Resignation” on Employer’s letterhead claiming he left the job.
Unemployment benefits were sought; initial deputy determined not disqualified.
Appeals Tribunal reversed the deputy, finding disqualification; Commission affirmed with additional findings on good faith.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did Kimble voluntarily leave work?	Kimble contends he was discharged with elimination of his position.	Employer argues Kimble voluntarily quit by rejecting the offered position.	Yes; Kimble left employment voluntarily.
Did Kimble have good cause to leave?	Kimble asserts drastic change in duties and income justified quitting.	Kimble did not attempt to negotiate or test the new position; good faith lacking.	No; Kimble failed to exercise good faith and reasonable grounds for quitting.

Valdez v. MVM Sec., Inc., 349 S.W.3d 450 (Mo.App. W.D.2011) (strict, liberal construction; voluntary departure standard; employment security goal)
Johnson v. Div. of Emp’t Sec., 318 S.W.3d 797 (Mo.App. W.D.2010) (voluntary departure defined; left work voluntarily vs. discharge)
Cooper v. Hy-Vee, Inc., 31 S.W.3d 497 (Mo.App. W.D.2000) (good faith requires efforts to resolve disputes; generally expected)
Rodriguez v. Osco Drug, 166 S.W.3d 138 (Mo.App. W.D.2005) (good faith not required if employer failed to address prior complaints)
Schuenemann v. Route 66 Rail Haven, Ltd., 53 S.W.3d 691 (Mo.App. S.D.2011) (claimant must attempt to salvage employment before quitting)
O’Donnell v. Labor and Industrial Relations Commission, 564 S.W.2d 87 (Mo.App.1978) (establishes voluntary quit by refusal of re-assignment or offered position)