McClellan v. Brown Transfer & Storage Co.

950 S.W.2d 704, 1997 Mo. App. LEXIS 1558, 1997 WL 549993
CourtMissouri Court of Appeals
DecidedSeptember 9, 1997
DocketNo. WD 53200
StatusPublished
Cited by2 cases

This text of 950 S.W.2d 704 (McClellan v. Brown Transfer & Storage Co.) 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
McClellan v. Brown Transfer & Storage Co., 950 S.W.2d 704, 1997 Mo. App. LEXIS 1558, 1997 WL 549993 (Mo. Ct. App. 1997).

Opinion

SPINDEN, Judge.

Melissa McClellan appeals the Labor and Industrial Relations Commission’s denial of her request for unemployment compensation benefits. The commission concluded that McClellan voluntarily left her employment with Brown Transfer and Storage Company in St. Joseph without good cause attributable to her work or to her employer. Because the commission failed to resolve the primary issue in the case, we reverse and remand.

McClellan worked for Brown Transfer and Storage as a packer. McClellan’s supervisor, Robert Rosenthal, was the warehouse supervisor and dispatcher.

On August 11, 1993, Rosenthal asked for volunteers to pack items at two flooded plants. Rosenthal told the employees that they would be paid one-and-one-half times their hourly rate if they accepted the work. McClellan volunteered and worked on August 12 and 13, 1993, at the flooded plants. From August 16 through 19,1993, McClellan worked at a warehouse in Wathena, Kansas, where flooded items had been transferred for packing. McClellan believed that she was to receive the increased rate of pay for those days, too.1

On August 20, 1993, McClellan received her paycheck for the work she had done at the flooded plants and at the warehouse and noted that she had not received increased pay for the work as promised. She notified Rosenthal about the problem, and he told her that he would talk to the bookkeeper and the company president and would take care of the problem. About a half-hour later McClellan again talked to her supervisor to see whether or not he had done anything to rectify the problem, and he told her that he had not.

McClellan left her employer’s premises to drive to the job site where she was working. On her way there, she decided to return to the office and to resign. McClellan, along with her husband, confronted Rosenthal about the pay problem. Rosenthal summoned the company president, Steven Pit-luck. McClellan told Pitluck that she was quitting because of the pay problem. Pitluck asked McClellan to sit down and to talk about the problem so he could straighten things out. McClellan refused.

McClellan testified at the hearing that she had been wrongfully deprived of increased pay approximately 10 times previously, beginning in 1991. She said that her efforts to resolve those problems were unsuccessful. This caused her to believe, she said, that she would be unsuccessful in resolving the issue on August 20,1993, so she quit.2

McClellan filed a claim for unemployment compensation. She claimed that she had good cause attributable to her work or employer to quit her employment. A deputy with the Division of Employment Security decided that McClellan did not qualify for benefits. McClellan appealed to the division’s appeals tribunal which affirmed the deputy’s decision. McClellan then appealed to the commission which also affirmed.

McClellan appealed to the circuit court which reversed the commission’s decision because the commission failed to fully develop the record.3 The circuit court said:

[TJhe record is insufficient to determine the entitlement of the claimant to overtime compensation on occasions prior to the flood related work referred to in the record and the nature of the steps taken by the claimant to resolve her problems with her employer before the day her employment ended, matters essential to a determination of the good faith of the claimant and the reasonableness of her actions.

The commission remanded the case to the appeals tribunal to complete the record. The appeals tribunal convened another hearing [706]*706and sent the record to the commission so it could make the decision. The commission still concluded that McClellan was disqualified for benefits because she quit work voluntarily without good cause attributable to her work or employer. McClellan appeals to this court.

In a case in which an employee voluntarily quits his or her job, § 288.050.1(1), RSMo 1994, makes good cause a condition precedent to receiving immediate unemployment compensation benefits. The statute says:

Notwithstanding the other provisions of this law, a claimant shall be disqualified for ... benefits until after he has earned wages for work insured under the unemployment compensation laws of any state equal to ten times his weekly benefit amount if the deputy finds:
(1) That he has left his work voluntarily without good cause attributable to his work or to his employer[.]

“A worker has good cause to terminate employment voluntarily when that conduct conforms to what an average person, who acts with reasonableness and in good faith, would do.” Contractors Supply Company v. Labor and Industrial Relations Commission, 614 S.W.2d 563, 564 (Mo.App.1981). See also American Family Insurance Company v. Hilden, 936 S.W.2d 207, 210-211 (Mo.App.1996). The claimant bears the burden of proving good cause. Id.

The question on appeal is not whether McClellan proved the right to overtime wages, but whether McClellan’s decision to quit her job was reasonable and in good faith. Id. at 564-65. See also Central Missouri Paving Company, Inc. v. Labor and Industrial Relations Commission, 575 S.W.2d 889, 892 (Mo.App.1978). She was not obligated to prove a right to overtime wages. Her burden was to establish that her resigning was reasonable and in good faith.

The commission failed to deal with McClellan’s theory for recovery. She said that her quitting was reasonable and in good faith because she had complained many times before about overtime pay and those complaints had been ignored. She said that when she was told on August 20, 1993, that the company would look into her complaints she had no hope that management was doing anything more than putting her off once again.

Hence, a crucial issue in deciding this ease was whether, in fact, McClellan had made previous complaints about overtime pay to her employer. The commission did not resolve the issue. In its findings of fact, the commission said:

Claimant believed she would never be paid overtime for the flood-related work. She testified she had also been denied overtime pay on approximately ten prior occasions beginning in 1991 and her efforts to resolve those problems were never successful. Claimant believed this effort would also be unsuccessful. On cross-examination, claimant was unable to recall specifically any of the past jobs or how much she was not paid overtime when it was allegedly due.... She then conceded she has only a general belief she was denied overtime_ On all the prior occasions, claimant testified she only brought her concerns to her supervisor and never to management. Claimant admitted that she continued to work for employer for several years even though employer never paid claimant the overtime allegedly owed her on those ten previous occasions....
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Claimant’s supervisor provided the following testimony.

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950 S.W.2d 704, 1997 Mo. App. LEXIS 1558, 1997 WL 549993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclellan-v-brown-transfer-storage-co-moctapp-1997.