Wheeler v. Pinnacle Automotive Protection, Inc.
413 S.W.3d 721
Mo. Ct. App.2013Background
- Employer appeals the Commission’s unemployment decision in favor of Employee; Employee worked 2010–2012 as a collector/customer service rep.
- November 12, 2012: meeting about rumors; Employer alleges misconduct and hints at termination; Employee denies wrongdoing.
- November 13, 2012: dispute over status; Employee claims discharge; Employer claims she quit.
- Employer later terminates Employee for attendance policy violation, effective November 16, 2012; termination letter sent November 19.
- Employee files for unemployment benefits November 23, 2012; deputy initially disqualifies for voluntary quit; Tribunal finds no misconduct and not disqualified; Commission affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Employee quit voluntarily or was discharged | Employer argues voluntary quit | Employee claims discharge by Shoemaker | Employee not a voluntary quitter; discharged for attendance policy violation |
| Whether Employee’s absences constituted misconduct connected with work | Employer bears burden to prove misconduct | Employee’s absence not willful; reasonable belief of discharge | No willful misconduct; burden rebutted; not disqualified for misconduct |
Key Cases Cited
- Ewing v. SSM Health Care, 265 S.W.3d 882 (Mo.App. E.D. 2008) (distinguishes voluntary quitting where no clear discharge)
- Nevettie v. Wal-Mart Associates, Inc., 331 S.W.3d 723 (Mo.App. E.D. 2011) (misconduct analysis; requires willful violation)
- Johnson v. Div. of Empl. Sec., 318 S.W.3d 797 (Mo.App. W.D. 2010) (burden shifting under attendance policy rebuttable presumption)
- Dixon v. Division of Employment Sec., 106 S.W.3d 536 (Mo.App. W.D. 2003) (weight of evidence and credibility governed by reviewing court)
- Williams v. Enterprise Rent-A-Car Shared Services, LLC, 297 S.W.3d 139 (Mo.App. E.D. 2009) (whether actions constitute misconduct; de novo review)