Lentz v. Home Security of America
380 S.W.3d 1
Mo. Ct. App.2012Background
- Employee was a master plumber for Employer at $35/hour for ~3.5 years and terminated for not maintaining a valid driver’s license.
- License suspension discovered Nov 19, 2010; Employee began reinstatement efforts and learned SATOP was required.
- Employer authorized charging SATOP fees to company card; Employee paid $175 initially, then $275 for a longer SATOP program.
- Employee could not drive; performed permit-pulling and served as second person on some jobs during suspension; Employer accommodated.
- Termination occurred Dec 3, 2010 after recognizing reinstatement would take longer than anticipated; Employee filed for unemployment benefits.
- Commission adopted Appeals Tribunal’s decision deeming the quit without good cause; Employee appealed, leading to reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Employee voluntarily quit without good cause? | Lentz contends he did not quit; Employer caused work disruption by treatment. | Employer argues Lentz voluntarily quit due to license issue and failure to maintain required license. | Yes, reversed; not a voluntary quit; remanded for benefits. |
Key Cases Cited
- Board of Education of City of St Louis v. Labor and Indus. Relations Com’n, 633 S.W.2d 126 (Mo.App. W.D.1982) (distinguishes quit behavior where employer could continue employment)
- Sokol v. Labor & Industrial Relations Commission, 946 S.W.2d 20 (Mo.App. W.D.1997) (de novo review on whether facts constitute a voluntary departure)
- Difatta-Wheaton v. Dolphin Capital Corp., 271 S.W.3d 594 (Mo. banc 2008) (provides interpretation of voluntary quit with/without good cause)
- Moore v. Swisher Mower & Machine Co., 49 S.W.3d 731 (Mo.App. E.D.2001) (strict/narrow construction of voluntary quit provision in §288.050.1)
- Shields v. Proctor & Gamble Paper Prods. Co., 164 S.W.3d 540 (Mo.App. E.D.2005) (employee not deemed to quit when employer keeps job available)
- Miller v. Help At Home, Inc., 186 S.W.3d 801 (Mo.App. W.D.2006) (distinguishes voluntary quit vs. discharge in Missouri)
- St. John’s Mercy Health System v. Div. of Employment Sec., 273 S.W.3d 510 (Mo.banc 2009) (liberal construction of unemployment statute in favor of benefits)