Missouri Court of Appeals, Eastern District / Dec 27, 2022
Oliver Lienhard, Appellant, vs. Total Lock & Security, Inc., and Division of Employment Security, Respondents.
Oliver Lienhard appealed the Labor and Industrial Relations Commission's decision, which denied his claim for unemployment benefits after his employer, Total Lock & Security, Inc., terminated him for alleged misconduct. The Commission had adopted a decision from an appeals referee who did not conduct the original hearing or hear live testimony. The appellate court reversed and remanded for a new hearing, holding that the Division of Employment Security failed to comply with state regulations requiring a stated reason for reassigning a hearing officer when the original officer cannot complete the appeal.