Valdez v. Mvm Sec. Inc.

• Decision Date: 13 September 2011
• Docket Number: No. WD 73239.,WD 73239.
• Citation: 349 S.W.3d 450
• Parties: Jose VALDEZ, Appellant,v.MVM SECURITY, INC., Defendant,Division of Employment Security, Respondent.
• Court: Missouri Court of Appeals

349 S.W.3d 450

Jose VALDEZ, Appellant,

v.MVM SECURITY, INC., Defendant,Division of Employment Security, Respondent.

No. WD 73239.

Missouri Court of Appeals, Western District.

Sept. 13, 2011.

Michael John Joshi, Lenexa, KS, for appellant.Robert Anthony Bedell, Jefferson City, MO, for respondent.Before Division Three: JAMES E. WELSH, P.J., JAMES M. SMART, JR., and JOSEPH M. ELLIS, JJ.JAMES M. SMART, JR., Judge.

Jose Valdez appeals the decision of the Labor and Industrial Relations Commission (“Commission”) disqualifying him from receiving unemployment compensation benefits based on a finding that he quit his job voluntarily without good cause attributable to his work or to his employer. Because we find that Mr. Valdez did not leave his employment voluntarily and because there was no contention that his discharge was for misconduct, we reverse the decision and remand the case to the Commission.

Factual and Procedural Background

The facts are undisputed. Jose Valdez worked as a security guard for a private security firm for eight years. In February 2009, the security company for which Valdez worked was purchased by MVM Security (“MVM”). MVM, like its predecessor, provided security services for properties belonging to the federal government. Valdez's job duties included attending the front desk of the building to which he was assigned, checking identification, and maintaining security in and around federal buildings.

His employment required him to be armed and to have a certain proficiency in the use of a firearm. Each year of his employment, Valdez was required to take and pass a shooting proficiency test. He had always passed the test in previous years from his employment in 2002 until 2010. In 2010, Valdez was notified that the federal government had raised the qualifying score for the weapons requirement to 200. Previously, a score of 180 was determined to be passing. In 2010, Valdez was allowed four attempts to qualify at the shooting range. The highest score that Valdez, then approximately sixty years of age, attained was 188. MVM discharged Valdez on June 18, 2010, after his fourth attempt was unsuccessful.

Valdez applied for unemployment benefits. MVM did not challenge his claim for benefits. The deputy with the Division of Employment Security (“Division”) denied his request for unemployment benefits on the basis that he voluntarily quit his job because he failed to maintain the required firearms certification to remain employed as a security guard. He appealed the decision. On August 31, 2010, the appeals tribunal conducted a telephone conference hearing. MVM did not participate in the hearing. Valdez was the only person who testified. Valdez testified as to his efforts to achieve the new level for the weapons requirement. After the hearing, the appeals tribunal issued its decision affirming the deputy's determination in finding that Valdez's failure to achieve the minimum qualification score on the shooting proficiency test, as required for the continuation of his employment, constituted a “voluntary quit for reasons not attributable to the job or employer,” citing the provisions of section 288.050.1(1), RSMo 2000.¹ In its Findings of Fact, the appeals tribunal noted, in pertinent part:

When the claimant was unable to achieve the minimum proficiency score at the firing range, he was discharged on June 18, 2010. The employer's contract with the federal government required that security guards qualify yearly.In its Conclusions of Law, the appeals tribunal stated the following:

This is a quit case. The issue is whether the claimant voluntarily left employment for good cause attributable to the work or the employer....

The claimant was the only participant at the hearing. The credible evidence presented demonstrates that the claimant failed to achieve a level of qualification in the use of weapons required by the employer's contract with the federal government. The claimant was given numerous opportunities to qualify, but failed to do so. The claimant's failure to achieve a minimum qualification required for his continuation of employment was a quit for reasons not attributable to the job or the employer.O'Neill [sic] v. Maranatha, 314 S.W.3d 779 (Mo.App.2010).

The Appeals Tribunal finds that the claimant left his work voluntarily on June 18, 2010, for reasons not attributable to the work or the employer.

(Emphasis added.)

Valdez appealed to the Commission which adopted and affirmed the tribunal's decision. Valdez appeals.

Valdez raises two points on appeal. In his first point, he contends that the Commission erred in denying him unemployment benefits based on a finding that he voluntarily left his work without good cause attributable to his employment. Because we find this point dispositive, it is not necessary to address the allegations of error raised in his second point.

Standard of Review

Appellate review of a decision made by the Labor and Industrial Relations Commission is governed by section 288.210, RSMo. Dixon v. Stoam Indus., Inc., 216 S.W.3d 688, 692 (Mo.App.2007). This court may reverse, remand, or set aside the decision of the Commission only where the Commission: 1) acted without or in excess of its powers; 2) the decision was procured by fraud; 3) the decision is not supported by the facts; or 4) the decision is not supported by sufficient competent evidence in the record. § 288.210; Ayers v. Sylvia Thompson Residence Ctr., 211 S.W.3d 195, 197–98 (Mo.App.2007). In reviewing the Commission's decision, we are not bound by the Commission's conclusions of law or its application of the law to the facts. Difatta–Wheaton v. Dolphin Capital Corp., 271 S.W.3d 594, 595 (Mo. banc 2008). Where the facts are undisputed and the issue is the construction and application of a statute, then the issue is one of law that we review de novo. Robinson v. Courtyard Mgmt. Corp., 329 S.W.3d 736, 739 (Mo.App.2011).

We examine the whole record to determine whether there is competent and substantial evidence to support the Commission's decision and whether the decision was contrary to the overwhelming weight of the evidence. Johnson v. Div. of Emp't Sec., 318 S.W.3d 797, 799 (Mo.App.2010); Taylor v. Div. of Emp't Sec., 153 S.W.3d 878, 881 (Mo.App.2005). The Commission's determination of whether an employee voluntarily left his employment or was discharged is ordinarily essentially a factual determination. Lindsey v. Univ. of Mo., Div. of Emp't Sec., 254 S.W.3d 168, 171 (Mo.App.2008). In reviewing the factual findings, this court is to determine whether the Commission, based upon the whole record, could have reasonably made its findings and reached its result. Id. The factual findings of the Commission must be supported by substantial and competent evidence in the record. See Sokol v. Labor & Indus. Relations Comm'n of Mo., 946 S.W.2d 20, 24 (Mo.App.1997).

Where the findings of the Commission involve the interpretation or application of the law, as distinguished from a factual determination, it is not binding on this court and therefore falls within our province of review and correction. Ross v. Whelan Sec. Co., 195 S.W.3d 559, 563 (Mo.App.2006). “Moreover, where the Commission's finding of ultimate fact is reached by the application of rules of law instead of by a process of natural reasoning from the facts alone, it is a conclusion of law and subject to our reversal.” Id. (citation omitted). This court is not bound by the Commission's conclusions of law or its application of law to the facts, and questions of law are reviewed independently.Shelby v. Hayward Baker, Inc., 128 S.W.3d 164, 165–66 (Mo.App.2004). Here, the Commission ruled that although Valdez was “discharged,” it was nevertheless a “voluntary quit case.” Because there is in actuality no dispute concerning the facts, we review the ruling to determine whether it was a misapplication or misinterpretation of law.

The Employment Security Law

Section 288.020 states the purposes of the Employment Security Law:

1. As a guide to the interpretation and application of this law, the public policy of this state is declared to be as follows: Economic insecurity due to unemployment is a serious menace to health, morals, and welfare of the people of this state resulting in a public calamity. The legislature, therefore, declares that in its considered judgment the public good and the general welfare of the citizens of this state require the enactment of this measure, under the police powers of the state, for compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own.

2. This law shall be liberally construed to accomplish its purpose to promote employment security both by increasing opportunities for jobs through the maintenance of a system of public employment offices and by providing for the payment of compensation to individuals in respect to their unemployment.

In construing provisions under Chapter 288, the goal of this court is to “ascertain the intent of the legislature from the language used, to give effect to that intent if possible, and to consider words used in the statute in their plain and ordinary meaning.” Ross, 195 S.W.3d at 564 (citation omitted). “Courts should liberally construe the law to meet that goal.” Id. (quoting Campbell v. Labor & Indust. Relations Comm'n, 907 S.W.2d 246, 249 (Mo.App.1995)). Of course, we do not look only at the overall purpose of the legislative scheme, but also at the details of the qualification statutes in context.

The issue in a case such as this is whether the claimant Valdez left his work voluntarily without good cause attributable to his work or employer pursuant to section 288.050.1(1). As to the initial issue—whether the termination was a voluntary termination—we review the factual findings of the Commission to see whether those findings indicate that the termination can, as a matter of law, be considered to constitute a...