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Unemployment Compensation: Disqualification-Misconduct-Hearing Procedure
Staff Report//June 1, 2023
Where a claimant challenged the decision disqualifying her from receiving unemployment compensation, the alleged procedural errors were not preserved for review, and since the record was silent about when the employer filed its protest, the claimant did not sustain her burden to overcome the presumption that the proceedings were fair and lawful, and the judgment is affirmed because the claimant knew about her employer’s attendance policy, and evidence of a violation of that policy was credible, so the conclusion that she was discharged for misconduct was supported by competent and substantial evidence.
Judgment is affirmed.
Miller v. Division of Employment Security (MLW No. 79968/Case No. WD85582 – 18 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from the Labor and Industrial Relations Commission (Susan Miller, pro se) (Sarah Lynn Devlin, Jefferson City, for respondent).
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