David Benham and Division of Employment Security Missouri Cases

Vendtech-SGI, LLC appealed the Labor and Industrial Relations Commission's decision to award David Benham unemployment benefits. Benham was discharged for allegedly conducting an unauthorized investigation and gossiping about a coworker's nude photograph. The Commission found that Vendtech did not meet its burden to prove misconduct, crediting Benham's testimony that he was merely verifying information before reporting it to supervisors and that his job duties were unclear. The appellate court affirmed the Commission's decision, finding it supported by competent and substantial evidence.