Kraemer v. Quality Heating & Air Conditioning, Inc.
2011 Mo. App. LEXIS 36
| Mo. Ct. App. | 2011Background
- Kraemer, a pipe fitter foreman, was informed Quality would discharge another crew member (Huff) and Kraemer expressed he no longer wanted to be foreman.
- Quality's VP told Kraemer, 'That's okay. You're done here, too,' and demanded Kraemer surrender the keys to his truck and his cell phone.
- Kraemer filed for unemployment benefits on June 30, 2009; initial deputy denial alleged voluntary quit without good cause attributable to work.
- Appeals Tribunal affirmed the deputy; the Commission reversed, holding Kraemer was discharged for reasons other than misconduct and thus entitled to benefits.
- Quality appeals the Commission’s decision; the Missouri Court of Appeals affirms the Commission, finding Kraemer discharged for reasons other than misconduct.
- Standard of review limits the appellate court to questions of law, with factual findings by the Commission given deference.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Kraemer quit or was he discharged? | Kraemer quit by stating he no longer wanted to be foreman. | Kraemer was discharged when the VP said, 'You're done here, too,' and Kraemer surrendered keys and phone. | Discharged for reasons other than misconduct; not a voluntary quit. |
| If Kraemer left, is he disqualified from benefits? | N/A | N/A | Not applicable due to the finding of discharge rather than voluntary quit. |
| Is the Commission’s factual finding that Kraemer was discharged binding on review? | N/A | N/A | Yes; the court defers to the Commission’s credibility determinations. |
Key Cases Cited
- Cotton v. Flik Intern. Corp., 213 S.W.3d 189 (Mo.App. E.D.2007) (factual determination on quit vs. discharge)
- Scrivener Oil Co., Inc. v. Crider, 304 S.W.3d 261 (Mo.App. S.D.2010) (credibility and witness evaluation in factual findings)
- Hampton v. Big Boy Steel Erection, 121 S.W.3d 220 (Mo. banc 2003) (standard of review—weight of the evidence)
- Miller v. Kansas City Station Corp., 996 S.W.2d 120 (Mo.App. W.D.1999) (discharge for reasons other than misconduct excerpt)