Nickless v. Saint Gobain Containers, Inc.
2011 Mo. App. LEXIS 1406
| Mo. Ct. App. | 2011Background
- Nickless is a long-time Saint Gobain employee (since 1981) working as a warehouse drive loader.
- On April 3, 2010, Lisa Steiner found Nickless asleep in an inner office with lights off during work.
- Nickless claimed he was applying eye wash to his eyes and not sleeping.
- He was discharged eight days after the incident for misconduct.
- Unemployment benefits were sought by Nickless; the deputy ruled eligible, the Appeals Tribunal affirmed, and the Labor and Industrial Relations Commission reversed, disqualifying Nickless.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Nickless sleeping on the job? | Nickless contends he was not sleeping; only applying eye wash. | Saint Gobain asserts he was sleeping when found, thus engaged in misconduct. | Yes, Nickless was sleeping. |
| If sleeping occurred, does it constitute misconduct? | Sleeping on the job should not automatically be misconduct. | Sleeping on duty is a disregard of employer standards and constitutes misconduct. | Sleeping on the job is misconduct; Commission's denial upheld. |
Key Cases Cited
- Scrivener Oil Co., Inc. v. Crider, 304 S.W.3d 261 (Mo.App. S.D.2010) (credibility determinations binding on review; conflicts resolved by the Commission)
- Comeaux v. Convergys Customer Management Group, Inc., 310 S.W.3d 759 (Mo.App. E.D.2010) (misconduct question is a question of law reviewed de novo)
- West v. Baldor Elec. Co., 326 S.W.3d 843 (Mo. App. E.D.2010) (sleeping on the job generally unacceptable; employer may expect alertness during shifts)