White v. Division of Employment Security
431 S.W.3d 583
Mo. Ct. App.2014Background
- White worked at Center-point Medical Center since December 2010 as a floor technician; he has diabetic neuropathy and was allowed to sit when needed.
- On December 7, 2012, White rested in an unoccupied examination room due to pain, claiming a needed break.
- Center-point contended White watched TV for 1 hour 40 minutes on the clock and was terminated for misconduct.
- A deputy initially found White not disqualified; the Appeals Tribunal reversed, finding misconduct connected with work.
- The Commission adopted the Appeals Tribunal, but found the break was approved yet taken in an inappropriate location, seemingly misapplying the reason for termination.
- The court reversed the Commission, holding there was no competent evidence supporting the alleged misconduct and remanding for unemployment benefits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Misconduct basis for denial | White | Center-point | Commission erred; no competent evidence of misconduct |
Key Cases Cited
- Munson v. Div. of Emp’t Sec., 323 S.W.3d 112 (Mo.App.W.D.2010) (burden on employer to prove misconduct when claimed)
- Evans v. Div. of Emp’t Sec., 354 S.W.3d 220 (Mo.App.W.D.2011) (remand when Commission relies on different termination reason)
- Kimble v. Div. of Emp’t Sec., 388 S.W.3d 634 (Mo.App.W.D.2013) (standard of review for Commission decisions)
- Peck v. La Macchia Enters., 202 S.W.3d 77 (Mo.App.W.D.2006) (employer evidence controls misconduct finding)