Missouri Court of Appeals, 2015

Lavalais v. Division of Employment Security

Lavalais v. Division of Employment Security
Missouri Court of Appeals · Decided March 24, 2015 · Howard, Welsh, Witt
456 S.W.3d 897; 2015 Mo. App. LEXIS 317; 2015 WL 1383943 (South Western Reporter, Third Series)

Lavalais v. Division of Employment Security

Opinion of the Court

ORDER

PER CURIAM:

Ida Lavalais appeals the decision of the Labor and Industrial Relations Commission affirming the Division of Employment Security Appeals Tribunal’s decision to deny her unemployment benefits. In two points on appeal, Ms. Lavalais claims that the Commission erred in denying her unemployment benefits. First she argues that the Commission’s reasoning that she could not simultaneously maintain that she was discharged and resigned for good cause was erroneous because she had a claim of constructive discharge under the Missouri Human Rights Act. Second, Ms. Lavalais contends that the Commission’s finding that she voluntarily quit was erroneous because employer forced her to resign when she said she “refused to continue working in a workplace permeated with profanity and racial epithets.” Because a published opinion would have no prece-dential value, a memorandum has been provided to the parties. The judgment is affirmed. Rule 84.16(b).

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