Unemployment Compensation : Denial Of Benefits – Misconduct – Written Policy

Where an employer challenged an award of unemployment benefits to a truck driver who was fired after he overturned a truck and trailer, the judgment affirming the award is reversed and remanded because although the employer did not show that the employee’s accident established wrongful intent or more than simple negligence, the commission failed to address whether the employee was discharged for misconduct as described in Section 288.030.1(23)(e), and the employer raised the issue in its initial protest of the claim by arguing that he was discharged for violating written conduct policies and by attaching the written policies, so the matter is reversed and remanded for a determination of misconduct under Section 288.030.1(23)(e).

Judgment is reversed and remanded.

Con-Way Truckload, Inc. v. Wood (MLW No. 70219/Case No. WD79858 – 16 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from the Labor and Industrial Relations Commission (Ronald G. Sparlin, Joplin, for appellant) (Mandolin Jackson, Jefferson City, for respondent).

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