Halkmon v. National Archives & Records Administration

406 S.W.3d 483, 2013 WL 4419386, 2013 Mo. App. LEXIS 963
CourtMissouri Court of Appeals
DecidedAugust 20, 2013
DocketNo. ED 99494
StatusPublished
Cited by1 cases

This text of 406 S.W.3d 483 (Halkmon v. National Archives & Records Administration) 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
Halkmon v. National Archives & Records Administration, 406 S.W.3d 483, 2013 WL 4419386, 2013 Mo. App. LEXIS 963 (Mo. Ct. App. 2013).

Opinion

GARY M. GAERTNER JR., Judge.

Introduction

Lonnie Halkmon (Claimant) appeals a decision by the Labor and Industrial Relations Commission (Commission) denying Claimant unemployment benefits. Claimant argues the Commission’s conclusion that he was terminated due to misconduct connected with work was unsupported by substantial and competent evidence on the whole record. We affirm.

Background

In 2005, Claimant began working for the federal National Archives and Records Administration (Employer), which houses military records for veterans who served in the military and have been discharged or are deceased. Claimant worked as an Archives Aide, and his responsibilities were to re-file records that had been pulled from the shelves and to “interfile late flowing documents” that came from other departments to be inserted into veterans’ records.

In 2012, Employer conducted an audit of its employees’ work, specifically of their performances on interfiling, covering the time period between March 28 and July 10, 2012. The audit revealed that of the 1,207 files assigned to Claimant during that time period, 856 of them had been misfiled. This reflected an inaccuracy rate of 71 percent. Forty other employees were audited at the same time. Although five of them also had what the Employer determined as disproportionate percentages of missing files, Claimant’s inaccuracy rate was the highest.1 The remaining employees audited had an average inaccuracy rate of three percent.

On July 16, 2012, Employer, informed Claimant that it was terminating his employment. Employer gave Claimant the option of resigning rather than having his record reflect a termination, and Claimant exercised that option. Claimant then filed for unemployment benefits, and the Deputy initially considering his claim granted benefits because Employer did not provide evidence to substantiate its assertion that Claimant was terminated for misconduct connected with work.

Employer appealed and presented the following evidence at a telephone hearing before an Appeals Reféree. Employer testified that Claimant had been trained in filing documents and had previously demonstrated an ability to do so. Employer also testified that because of an incentive program through which employees could earn bonuses if they completed higher numbers of filings, some employees had taken to engaging in a practice called “stashing.” Stashing occurred when employees would deliberately file several different veterans’ records together in one veteran’s file, so as to finish assigned filings more quickly. Employer stated that because the facility housed over 70 million files, locating the misfiled records is very difficult, and there is a chance they may never be found. Employer believed [486]*486Claimant’s high inaccuracy rate indicated he was stashing files.

Claimant testified that he had never engaged in stashing. He said that he had not been trained during the previous year or two. He testified he knew how to put records in boxes, but he did not know about interfiles. He also stated that he believed the fact that he had filed a complaint against his supervisor meant his supervisor “had it out for [him].”

The Appeals Tribunal found that Claimant’s testimony regarding his lack of training was not credible. The Tribunal found Claimant knew and understood the importance of properly filing records, he deliberately and intentionally chose to incorrectly file 71 percent of his assigned records, and such misfilings were not the result of mistake or ignorance. The Appeals Tribunal concluded that Claimant’s conduct amounted to statutory misconduct, and they reversed the decision of the Deputy granting benefits. Claimant appealed to the Commission, which found the Appeals Tribunal’s decision was supported by competent and substantial evidence on the whole record and was in accordance with applicable law. This appeal follows.

Standard of Review

We defer to the Commission’s findings of fact where they are supported by substantial and competent evidence on the whole record. Comeaux v. Convergys Customer Mgmt. Group, Inc., 310 S.W.3d 759, 762 (Mo.App. E.D.2010) (citing Hampton v. Big Boy Steel Erection, 121 S.W.3d 220, 223 (Mo. banc 2003)). We review questions of law de novo. Comeaux, 310 S.W.3d at 762. Whether the facts support the Commission’s conclusion that Claimant’s conduct constituted statutory misconduct is a question of law. Id. (citing Frisella v. Deuster Elec., Inc., 269 S.W.3d 895, 898 (Mo.App. E.D.2008)).

Discussion

Claimant’s sole point on appeal is that the Commission erred in concluding his conduct amounted to statutory misconduct, and thus the Commission erred in denying Claimant benefits. Claimant argues there was insufficient evidence that the misfiling was willful and that his conduct rather amounted simply to poor workmanship. We disagree.

Generally, a claimant seeking unemployment benefits has the burden of showing that he or she is entitled to them. Croy v. Div. of Employment Sec., 187 S.W.3d 888, 892 (Mo.App. S.D.2006). However, when the employer claims that benefits should be denied because of termination based on statutory misconduct, the burden is on the employer to show misconduct connected with work by a preponderance of the evidence. Id. The state of Missouri defines “misconduct” as follows:

[A]n act of wanton or willful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior which the employer has the right to expect of his or her employee, or negligence in such degree or recurrence as to manifest culpability, wrongful intent or evil design, or show an intentional and substantial disregard of the employer’s interest or of the employee’s duties and obligations to the employer.

Section 288.030(23), RSMo. (Supp.2012). Generally, to show misconduct under this section, an employer must show that the employee “willfully violate[d] the rules or standards of the employer.” Rush v. Kimco Corp., 338 S.W.3d 407, 411 (Mo.App. W.D.2011).

Prior decisions make clear that poor workmanship or poor judgment alone, [487]*487without such evidence of intent, do not meet the definition of misconduct. See Frisella, 269 S.W.3d at 899 (“whether an employer has solid grounds to terminate an employee is not the same issue as whether the former employee qualifies for compensation”) (quoting Miller v. Kansas City Station Corp., 996 S.W.2d 120, 124 (Mo.App. W.D.1999)). Likewise, simple negligence regarding an employee’s duties is not misconduct. Fendler v. Hudson Servs., 370 S.W.3d 585, 589 (Mo. banc 2012).

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406 S.W.3d 483, 2013 WL 4419386, 2013 Mo. App. LEXIS 963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/halkmon-v-national-archives-records-administration-moctapp-2013.