MENARD INC v. BARBER (2023)

Missouri Court of Appeals, Western District.

MENARD, INC., Appellant, v. Stephen BARBER and Division of Employment Security, Respondents.

WD 85920

Decided: October 24, 2023

Before Division Two: Janet Sutton, P.J., and Alok Ahuja and Mark D. Pfeiffer, JJ.

Byron A. Bowels, Jr., Lydia Murphy, Joy Fears, Gabriel J. Greenbaum, Kansas City, KS, for Appellant. Andre M. Follett, Jefferson City, for State of MO Div of Employment Security, Thomas F. Ralston, Kenneth D. Kinney, Kansas City, for Respondent Stephan Barber.

ORDER

The Labor and Industrial Relations Commission issued a decision awarding unemployment compensation benefits to Stephen Barber, a former employee of Menard, Inc. The Commission awarded Barber benefits despite Menard's claim that he had been discharged for misconduct. Menard appeals, contending that the Commission's rejection of its misconduct defense is not supported by competent and substantial evidence, and that the Commission's findings establish misconduct as a matter of law. We affirm. Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties setting forth the reasons for this order. Rule 84.16(b).

PER CURIAM:

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