Employer-Employee: Unemployment Benefits- Eligibility- Discharge for Misconduct

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Defendant appealed the decision reversing the denial of plaintiff’s application for unemployment benefits. Plaintiff was initially found to have committed misconduct in connection with her discharge. On appeal, defendant argued that the facts of plaintiff’s yelling at her supervisor, storming out of the office and refusing to return to work constituted acts of misconduct.

Where plaintiff’s protest of supervisor’s denial of medical leave as unfair violated no known standard of conduct, although done loudly and angrily, such conduct did not rise to the level of misconduct because plaintiff did not knowingly disregard employer’s interests.

Judgment is affirmed.

Fisher v. Ste. Genevieve County Health Dept. (MLW No. 72151/Case No ED106277 – 8 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.) Appealed from Labor and Industrial Relations Commission (Robert D. Huelskamp, for appellant) (Larry R. Ruhmann, for respondent)