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Unemployment Compensation: Denial of Benefits-Misconduct-Poor Performance Rule

Staff Report//May 6, 2020

Unemployment Compensation: Denial of Benefits-Misconduct-Poor Performance Rule

Staff Report//May 6, 2020

Where a claimant of unemployment compensation challenged the denial of benefits, the commission erred in finding that the claimant was disqualified from receiving benefits because he violated the employer’s rule against poor performance because a general rule prohibiting poor performance is overly broad and acts as a bar to the recovery of benefits in contradiction of the law.

Judgment is reversed and remanded.

Wayne v. Division of Employment Security (MLW No. 74965/Case No. WD83132 –  pages) (Missouri Court of Appeals, Western District, Witt, J.) Appealed from the Labor and Industrial Relations Commission (Mark Wayne, pro se) (Sarah L. Lipp, Jefferson City, for respondent).

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