Egert v. THE TRAINING ASSOCIATES CORPORATION

Missouri Court of Appeals

Egert v. THE TRAINING ASSOCIATES CORPORATION

362 S.W.3d 510, 2012 WL 1114847, 2012 Mo. App. LEXIS 449

CourtMissouri Court of Appeals

DecidedApril 3, 2012

DocketED 96791

StatusPublished

This text of 362 S.W.3d 510 (Egert v. THE TRAINING ASSOCIATES CORPORATION) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Egert v. THE TRAINING ASSOCIATES CORPORATION, 362 S.W.3d 510, 2012 WL 1114847, 2012 Mo. App. LEXIS 449 (Mo. Ct. App. 2012).

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Opinion

ORDER

PER CURIAM.

The Division of Employment Security (“the Division”) appeals from the decision of the Labor and Industrial Relations Commission (“the Commission”) in favor of Fred Egert (“Egert”) and the Training Associates Corporation (“TTA”). The Division argues the Commission erred in holding: (1) Egert was not entitled to wage credits because TTA was acting as a temporary help firm under Section 288.030.1(27), RSMo 2000 1 ; (2) Egert was not entitled to wage credits on the theory that no agency relationship existed between TTA and Medicine Shoppe International (“MSI”); and (3) Egert was not entitled to wage credits because a proper application of the twenty-factor method of applying the common law right to control test shows that the large majority of the factors point to an employer-employee relationship and TTA had the right to control Egert.

We have reviewed the briefs of the parties and the record on appeal and find the claims of error to be without merit. An opinion reciting the detailed facts and restating principles of law would have no precedential value. The parties have been *511 furnished with a memorandum for their information only, setting forth the reasons for this order. The judgment is affirmed in accordance with Rule 84.16(b).

1

. All further statutory references are to RSMo 2000.

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ORDER

PER CURIAM.

The Division of Employment Security (“the Division”) appeals from the decision of the Labor and Industrial Relations Commission (“the Commission”) in favor of Fred Egert (“Egert”) and the Training Associates Corporation (“TTA”). The Division argues the Commission erred in holding: (1) Egert was not entitled to wage credits because TTA was acting as a temporary help firm under Section 288.030.1(27), RSMo 2000 1 ; (2) Egert was not entitled to wage credits on the theory that no agency relationship existed between TTA and Medicine Shoppe International (“MSI”); and (3) Egert was not entitled to wage credits because a proper application of the twenty-factor method of applying the common law right to control test shows that the large majority of the factors point to an employer-employee relationship and TTA had the right to control Egert.

We have reviewed the briefs of the parties and the record on appeal and find the claims of error to be without merit. An opinion reciting the detailed facts and restating principles of law would have no precedential value. The parties have been *511 furnished with a memorandum for their information only, setting forth the reasons for this order. The judgment is affirmed in accordance with Rule 84.16(b).

1

. All further statutory references are to RSMo 2000.

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Bluebook (online)

362 S.W.3d 510, 2012 WL 1114847, 2012 Mo. App. LEXIS 449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/egert-v-the-training-associates-corporation-moctapp-2012.