Employee entitled to unemployment despite termination for violation of written safety rule, Missouri court rules
In McClelland v. Hogan Personnel, LLC (Mo. App. W.D. 08/19/2003), the Missouri Court of Appeals held an employer failed to establish misconduct connected with work that would disqualify a terminated employee from unemployment, despite evidence the employee had violated the employer’s safety policy and procedures by failing to perform a required truck inspection, resulting in a preventable accident.
Evidence was admitted that the employee had signed a form stating that he had received, read, and understood the employer’s safety and policy manual. But the employee testified he had never observed any of the other drivers performing the inspection, and did not remember receiving the safety manual. He therefore denied he intentionally disregarded the rule.
“Missouri courts have uniformly applied the following definition of ‘misconduct’ to the unemployment compensation act:
‘[A]n act of wanton or willful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of the standards of behavior which the employer has the right to expect of his employee, or negligence in such degree or recurrence as to manifest culpability, wrongful intent, or evil design or show an intentional and substantial disregard of the employer’s interest or of the employee’s duties and obligations to the employer.’”
“The violation of a reasonable work rule can constitute misconduct. . . . . [V]iolation of a work rule is not, however, dispositive proof of misconduct connected with work.” “Poor workmanship, lack of judgment, or the inability to do the job do not disqualify a claimant from receiving benefits on the basis of misconduct.” “There is a ‘vast distinction’ between the violation of a rule of an employer that would justify the discharge of the employee and a violation of such rule that would warrant a determination of misconduct connected with the employee’s employment so as to disqualify him for unemployment compensation benefits.”
Challenging entitlement to unemployment on the basis of discharge for misconduct is much tougher than many employers realize. This is a matter of state law that will vary somewhat from state to state, but Missouri law is certainly not unusual in this regard. Before committing time and resources to such a challenge, employers would be wise to seek qualified legal counsel.
