Missouri Court of Appeals, 2013

Herman v. Division of Employment Security

Herman v. Division of Employment Security
Missouri Court of Appeals · Decided April 30, 2013 · Ellis, Hardwick, Martin
398 S.W.3d 90; 2013 WL 1802666; 2013 Mo. App. LEXIS 536 (South Western Reporter, Third Series)

Herman v. Division of Employment Security

Opinion of the Court

ORDER

PER CURIAM:

Lyle Herman appeals from the Labor and Industrial Relations Commission’s decision that concluded Herman’s behavior constituted misconduct connected with work so that Herman was disqualified from receiving unemployment benefits. Herman argues that the Commission’s decision was in error for two reasons: (1) because Herman’s employer failed to meet its burden in establishing that Herman’s use of the word “baby” toward another employee did not constitute intentional or willful disregard for his employer’s interests and standards; and (2) because Herman’s employer failed to meet its burden in establishing that Herman’s actions amounted to misconduct in that the employer failed to establish that Herman received a written warning prior to his termination and that Herman was terminated for anything other than a minor rule violation. We affirm. Rule 84.16(b).

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