Nevettie v. Wal-Mart Associates, Inc.
331 S.W.3d 723
Mo. Ct. App.2011Background
- Nevettie worked in Wal-Mart's maintenance dept. from Sept 4, 2008 to Sept 4, 2009.
- On Sept 4, 2009 he made a rude comment to a department manager and gestured disgustingly.
- He was discharged the same day.
- The Division initially found no misconduct; employer appealed.
- The Appeals Tribunal later found misconduct; the Commission affirmed with one dissent.
- On appeal, the Missouri Court of Appeals reversed and remanded for lack of clear misconduct evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Nevettie was discharged for misconduct connected with work | Nevettie contends no misconduct; lack of intent to disregard rules | Wal-Mart argues the conduct shows disregard for standards | No clear misconduct proven; remand |
| Whether the conduct amounted to a willful disregard of employer standards | Claimant argues lack of deliberate disregard | Employer argues actions demonstrate disregard | Not established as willful misconduct; remand |
| Whether the evidence supports the Commission's finding of misconduct | Findings rely on credibility; improper to deem misconduct | Testimony supports misconduct | Evidence insufficient for misconduct under §288.050.2; remand |
Key Cases Cited
- Holly v. TAMKO Bldg. Products, Inc., 318 S.W.3d 284 (Mo. App. 2010) (rationale for misconduct requires guided by policy and context)
- Simpson Sheet Metal v. Labor & Indus. Rel., 901 S.W.2d 312 (Mo. App. 1995) (conduct may show poor judgment but not necessarily misconduct)
- Acord v. Labor and Indus. Relations Commission, 607 S.W.2d 174 (Mo. App. 1980) (use of vulgar language may not equal misconduct without intent)
- Hoover v. Community Blood Center, 153 S.W.3d 9 (Mo. App. 2005) (lack of intent or judgment may preclude finding of misconduct)
- TAMKO Bldg. Products, Inc. v. Frankoski, 258 S.W.3d 575 (Mo. App. 2008) (heated words with supervisor may show poor judgment but not misconduct)
- Continental Research v. Labor & Indus. Rel., 708 S.W.2d 749 (Mo. App. 1986) (foundation for interpreting misconduct in unemployment law)