Missouri Court of Appeals, Western District / Feb 15, 2022
Fedra Ekres vs. Division of Employment Security
Fedra Ekres appealed a decision by the Labor and Industrial Relations Commission, which found she was disqualified from receiving unemployment benefits because she voluntarily quit her employment without good cause. Ekres, an immunocompromised customer service representative, moved to New York to work remotely during the COVID-19 pandemic after her employer, Franklin Energy Services, LLC, instructed all St. Louis call center employees to work remotely. The Commission concluded Ekres voluntarily quit because she could no longer meet a condition of employment requiring her to be associated with a St. Louis office. The appellate court reversed, finding no substantial or competent evidence supported the Commission's conclusion that Ekres voluntarily quit, as her remote work from New York during the pandemic did not violate any known policy or contract, and she was not given an opportunity to return to St. Louis.