356 S.W.3d 320
Mo. Ct. App.2011Background
- Danny Snider was a MoDOT employee terminated June 1, 2009 for alleged policy violations.
- Investigation found Snider used a gender-based insult and made a threatening-style comment at the Concordia facility in March 2009.
- The comments were witnessed by co-workers and the supervisor, who cautioned Snider about his conduct.
- The District Engineer terminated Snider after finding violations of MoDOT policies and that his continued employment was not for the good of the service.
- The Commission sustained the termination; the circuit court reversed, ordering reinstatement and back pay; this appeal follows.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is competent, substantial evidence the comments violated MoDOT policy | Snider | MoDOT | Yes; evidence supported policy violations and impact on workplace. |
| Whether termination was for the good of the service given Snider's performance | Snider | MoDOT | Yes; the agency reasonably found termination warranted despite strong performance. |
Key Cases Cited
- Lombardi v. Dunlap, 103 S.W.3d 786 (Mo. 2003) (termination not-for-good-of-service requires serious misconduct)
- Vanderhook, 290 S.W.3d 115 (Mo. App. W.D. 2009) (standard for not-for-good-of-service and factors evolution)
- Bowen v. Mo. Dep't of Conservation, 46 S.W.3d 1 (Mo. App. W.D. 2001) (agency weighs factors; not necessary to show cause for non-merit employee termination)
- GS Techs. Operating Co. v. Pub. Serv. Comm'n, 116 S.W.3d 680 (Mo. App. W.D. 2003) (unobjected hearsay evidence admissible as competent and substantial evidence)
- Roorda v. City of Arnold, 142 S.W.3d 786 (Mo. App. W.D. 2004) (weighing evidence and credibility deferential to agency)
- Mo. Veterans' Comm'n v. Vanderhook, 290 S.W.3d 119 (Mo. App. W.D. 2009) (defer to agency on weight of evidence and credibility)