Fisher v. Ste. Genevieve Cnty. Health Dep't

561 S.W.3d 857
CourtMissouri Court of Appeals
DecidedSeptember 25, 2018
DocketED 106277
StatusPublished
Cited by2 cases

This text of 561 S.W.3d 857 (Fisher v. Ste. Genevieve Cnty. Health Dep't) 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
Fisher v. Ste. Genevieve Cnty. Health Dep't, 561 S.W.3d 857 (Mo. Ct. App. 2018).

Opinion

SHERRI B. SULLIVAN, P.J.

Introduction

Ste. Genevieve County Health Department (Employer) appeals from the Labor and Industrial Relations Commission's (Commission) decision reversing the decision of the Appeals Tribunal, which denied Employee's application for unemployment benefits based on misconduct in connection with her discharge, and awarding Employee benefits. We affirm.

Factual and Procedural Background

Employee began working for Employer as an administrative clerk on August 2, 2000. Employee's supervisor was executive administrator Sandra Bell (Bell). On June 2, 2017, the date of Employee's discharge, Employee entered Bell's office to ask her for two hours off work on June 22, 2017, to take her daughter to the doctor. Employee had exhausted all of her designated leave time and Bell denied Employee's request for time off. Bell testified Employee became angry and yelled at her. Employee testified she did get upset when she was in Bell's office.

Employee proceeded to walk to the front office area to "cool off" and began to get things together to go to the post office as she normally did for the office. Bell told Employee if she left she was not coming back. Employee then entered another office, closed the door, and called a member of Employer's board of directors. Bell followed Employee and told her to make the call on her own time and to get back to work. Bell told Employee, "You need to leave." Employee then emptied her desk and left the premises.

Lee Jacobs (Jacobs) is a front office window clerk at Employer. Jacobs testified "it was getting loud," so he closed Bell's office door. Jacobs said he heard Employee state, "I need off. It's not my fault." Jacobs heard Bell state, "You don't have any time." Jacobs said Employee then said, "It's not my fault. I have an appointment for Tamie and I need to take off."

Tara Jarrett (Jarrett), administrative support at Employer, was also present in the front office on the date in question, and also heard Employee yell, "It's not my fault." Jarrett further testified she then witnessed Employee and Bell walking up to the front, and Employee was very upset.

*859Employee told Bell she needed to leave for just a few minutes and Bell said, "If you leave, then you need to leave your keys here." Jarrett stated Employee said, "This is not fair," and was clearly upset. Bell went back to her office. Employee packed up her personal belongings at her desk and proceeded to another employee's office and shut the door. Jarrett said Bell then followed Employee into the front office, told Employee to make her calls on her own time, and to leave for the day and do it on her own time. Employee took all of her belongings and left.

Robert Bach (Bach) is a member of Employer's board of directors. Employee called him on the day she was told to leave and told him what had happened. Bach conducted an investigation and made his own determination there had been a verbal exchange between Employee and Bell loud enough for other members of the organization throughout the building to hear, along with at least one member of the public. He concluded that this, along with her having insisted on time off after exhausting her allowed leave, constituted gross insubordination on Employee's part sufficient to justify her termination. Bach spoke with various employees, including Jacobs, Jennifer Wheeler, Employee, and Bell. Bach asked Employee to come back to the building. Employee declined to return, stating she was "out of town."

Following his investigation and upon conferring with the other board members, the decision was made to terminate Employee. Bach, on behalf of the board of directors, wrote a letter to Employee, dated the same day as Employee's termination, which began with a lengthy paragraph on attendance issues, then stated, "Further, a verbal exchange with the executive administrator [Bell] on the above date, within earshot of colleagues and a visiting member of the public, is indeed inappropriate."

After she was terminated, Employee applied for unemployment benefits with the Division of Employment Security (Division). In her Discharge Questionnaire, a form provided by the Division, Employee was asked: "9. Were you discharged for attendance reason? (absent, tardy, missing work, leaving work, leaving early, etc." Employee responded "No." In the General Discharge Questionnaire completed by Employer, in response to the question "What was the last incident that caused [Employee's] discharge?" Employer wrote:

[Employee's] separation was due to violating [E]mployer's code of conduct by becoming disturbing in the clinic area office. [Employee] raising her voice, yelling and disturbing the office, refusing to discuss her concerns without yelling at the administrator.

The employee code of conduct is encompassed in Employer's Personnel Manual and was entered into the record and provides as follows:

All persons employed with, or volunteering at, [Employer] are expected to observe and practice a moral code of ethics that includes respect, honesty and integrity in all activities and interactions with the public and each other. The accepted code of ethics is universal in nature and includes principles, values, standards, or rules or behavior that guide the decision, procedures and systems of the organization in a way that contributes to the welfare of its mission, and respects the rights of all constituents affected by its operations. Violations of a code of conduct may subject the violator to the organization's remedies which can under particular circumstances result in the termination of employment.

*860The deputy for the Division concluded Employee's separation was due to her violating Employer's code of conduct by yelling at her supervisor. The deputy found "[Employee] was witnessed by another employee who sighted [Employee] as the loud and yelling party." The deputy denied Employee's application for benefits and made the finding Employee "was discharged by [Employer] for misconduct connected with work," and the reason was "[Employee] was discharged because she was yelling. [Employee] directed her yelling toward her administrator [Bell]."

Employee appealed the deputy's decision to the Appeals Tribunal, which affirmed the deputy's decision. Employee appealed the decision of the Appeals Tribunal to the Commission. The Commission reversed the decision of the Appeals Tribunal and entered its decision finding: "[E]mployer discharged [Employee] on June 2, 2017, because of [Employee's] conduct in response to [Bell's] denial of [Employee's] request for two hours of medical leave on June 22, 2017, relating to a medical situation involving [Employee's] daughter." The Commission also found:

The nature of the verbal exchange between [Employee] and Employer's administrator after administrator's denial of [Employee's] leave request was in dispute. Employer's witnesses only corroborated the following statements made by [Employee]: 'It's not my fault' and 'It's not fair.'

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Bluebook (online)
561 S.W.3d 857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fisher-v-ste-genevieve-cnty-health-dept-moctapp-2018.