Missouri Court of Appeals, Western District / Apr 28, 2020
Mark Wayne vs. Division of Employment Security
Mark Wayne was denied unemployment benefits by the Labor and Industrial Relations Commission after being terminated for poor job performance by Estes Express Lines. The Commission found Wayne ineligible due to misconduct, relying on Estes's general rule against "poor performance." The appellate court reversed and remanded, holding that a broad "poor performance" rule does not constitute disqualifying misconduct under Missouri law and that there was insufficient evidence to support a finding of insubordination, the employer's stated reason for termination.