Quirk v. Premium Homes Inc., ED74690

CourtMissouri Court of Appeals
Writing for the CourtPER CURIAM
Citation999 S.W.2d 306
Decision Date24 August 1999
Docket NumberED74690
PartiesThis slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Wanda L. Quirk, Appellant, v. Premium Homes, Inc., and Division of Employment Security, Respondents. Case Number: 74690 Missouri Court of Appeals Eastern District Handdown Date: 0

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.

Wanda L. Quirk, Appellant,
v.
Premium Homes, Inc., and Division of Employment Security, Respondents.

Case Number: 74690

Missouri Court of Appeals Eastern District

Handdown Date: 08/24/99

Appeal From: Labor and Industrial Relations Commission

Counsel for Appellant: Stacey A. Meyers

Counsel for Respondent: Larry R. Ruhmann

Opinion Summary: Employee Wanda Quirk appeals the decision of the Labor and Industrial Relations Commission that she was disqualified from waiting week credit or benefits on the ground that she had left work voluntarily without good cause attributable to such work or to her employer pursuant to section 288.050.1. RSMo Cum. Supp. 1997. Employee claims the Commission erred in failing to consider the threshold issue of whether the position she left after three days employment at Employer Premium Homes, Inc. was "suitable employment" as required by section 288.051.1.(1)(c).

REVERSED AND REMANDED WITH DIRECTIONS.

Division Two holds: (1) The Commission's prior determination of Employee's eligibility for unemployment benefits was a material record of the division and, therefore, required to be included in the record on appeal, even if the Appeals Referee and the Commission erroneously failed to consider it. (2) Because Employee quit her job with Employer after only three days, the Commission was required to consider whether the job would have been considered not suitable pursuant to the criteria set forth in section 288.051.1.(3)(a) and (b), before reaching the "just cause" determination. (3) Employer's dishonesty about compensation and tacit misrepresentations about the availability of paid overtime, coupled with other statutory criteria, compel a finding that the job with Employer was unsuitable.

Opinion Author: Lawrence G. Crahan, Judge

Opinion Vote: REVERSED AND REMANDED WITH DIRECTIONS. J. Dowd, P.J., and Teitelman, J., concur.

Opinion:

Wanda Quirk ("Employee") appeals the decision of the Labor and Industrial Relations Commission ("Commission") that she was disqualified from waiting week credit or benefits on the ground that she had left work voluntarily without good cause attributable to such work or to her employer pursuant to section 288.050.1. RSMo Cum. Supp. 1997.(FN1) Employee claims the Commission erred in failing to consider the threshold issue of whether the position she left after three days of employment at Premium Homes, Inc. ("Employer") was "suitable employment" as required by section 288.051.1.(1)(c). We agree and reverse and remand with directions.

Before turning to the merits of the appeal, we must first resolve a procedural issue. Employee filed a motion seeking an order of this court requiring the Commission to supplement the record with a document from its file that she claims was, by law, material to the issue presented below and on appeal, even if it was not considered by the Commission in reaching its decision. We ordered the Commission to file the document in a supplemental legal file and further ordered the parties to brief the...

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