Mauller v. Division of Employment Security
2011 Mo. App. LEXIS 179
| Mo. Ct. App. | 2011Background
- Mauller began on-call employment with Pasta House in 2006; in Feb 2009 hospitalized for 12 hours with a urinary tract infection and indicated pregnancy with a 30-pound lifting restriction; employer maintained lifting over 30 pounds was a job requirement and employees must check in for work; after hospitalization she was told there was no work for weeks, and in June 2009 she asked to be taken off the call list and for separation papers; in Aug 2009 she moved out of state; Mauller applied for unemployment benefits, employer protested, deputy initially disqualified her for voluntary departure on Feb 13, 2009; Appeals Tribunal reversed, finding a discharge on Feb 13, 2009; Commission majority reversed, concluding Mauller left voluntarily; court then addressed timing of voluntary departure and potential temporary unemployment benefits; remanded for correct date and eligibility determination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mauller voluntarily left or was discharged | Mauller did not quit; she sought work after Feb 17, 2009 | Mauller voluntarily left; final act was separation request | Mauller left voluntarily; not discharged on Feb 13, 2009 |
| If voluntary, whether good cause attributable to work or employer exists | Employer offered no subsequent work to create good cause | Mauller failed to seek resolution; no good cause attributable to work | No good cause attributable to work or employer found |
| Date of voluntary departure and temporary benefits eligibility | Commission misdated departure (Feb 13, 2009) | Record supports later date; remand appropriate | Remanded to determine correct voluntary departure date and temporary benefits eligibility |
Key Cases Cited
- Ayers v. Sylvia Thompson Residence Ctr., 211 S.W.3d 195 (Mo.App. W.D.2007) (burden on former employee to prove entitlement when leaving voluntarily)
- Ewing v. SSM Health Care, 265 S.W.3d 882 (Mo.App. E.D.2008) (good cause and failure to seek resolution before quitting; standard of review)
- Mena v. Cosentino Group, Inc., 233 S.W.3d 800 (Mo.App. W.D.2007) (review of Commission factual findings; competent substantial evidence)
- Shelby v. Hayward Baker, Inc., 128 S.W.3d 164 (Mo.App. S.D.2004) (purpose of unemployment benefits; dispositive standard for voluntary departure)
- Willcut v. Div. of Emp't. Sec., 193 S.W.3d 410 (Mo.App. E.D.2006) (voluntary quit analysis; temporary unemployment concepts)
- Western Electric Co. v. Industrial Commission, 489 S.W.2d 475 (Mo.App.1972) (concept of temporary unemployment benefits and recall)