VALHALLA RESTAURANTS, LLC d/b/a MCDONALD'S, Employer-Appellant v. KIARA PAGE, Claimant-Respondent and DIVISION OF EMPLOYMENT SECURITY, Respondent-Respondent

CourtMissouri Court of Appeals
DecidedJanuary 31, 2025
DocketSD38584
StatusPublished

This text of VALHALLA RESTAURANTS, LLC d/b/a MCDONALD'S, Employer-Appellant v. KIARA PAGE, Claimant-Respondent and DIVISION OF EMPLOYMENT SECURITY, Respondent-Respondent (VALHALLA RESTAURANTS, LLC d/b/a MCDONALD'S, Employer-Appellant v. KIARA PAGE, Claimant-Respondent and DIVISION OF EMPLOYMENT SECURITY, Respondent-Respondent) 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.

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VALHALLA RESTAURANTS, LLC d/b/a MCDONALD'S, Employer-Appellant v. KIARA PAGE, Claimant-Respondent and DIVISION OF EMPLOYMENT SECURITY, Respondent-Respondent, (Mo. Ct. App. 2025).

Opinion

Missouri Court of Appeals Southern District

In Division VALHALLA RESTAURANTS, LLC ) d/b/a MCDONALD’S, ) ) Employer-Appellant, ) ) vs. ) No. SD38584 ) KIARA PAGE, ) Filed: January 31, 2025 ) Claimant-Respondent, ) ) and ) ) DIVISION OF EMPLOYMENT ) SECURITY, ) ) Respondent-Respondent. )

APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS COMMISSION

REVERSED AND REMANDED WITH INSTRUCTIONS

Valhalla Restaurants, LLC d/b/a McDonald’s (“Appellant”) appeals the decision

of the Labor and Industrial Relations Commission (“Commission”), which affirmed and

adopted the decision of the Appeals Tribunal (“Appeals Tribunal”) of the Division of

Employment Security (“Division”) holding that Kiara Page (“Claimant”) was eligible for

unemployment benefits. The Appeals Tribunal found that Claimant was not disqualified

based on misconduct connected with work because she was not insubordinate and her

1 relationship with a minor co-worker was based on hearsay. In one point relied on,

Appellant argues that the Commission erred in affirming the Appeals Tribunal’s decision

“because it was against the overwhelming weight of the evidence to determine that

Claimant’s termination was not for misconduct” when she was “chronically tardy, absent

and insubordinate in violation of company policy.” Appellant presented competent and

substantial evidence that Claimant was discharged for misconduct connected with her

work, therefore, the Commission’s decision is reversed and the cause is remanded with

instructions.

Factual Background and Procedural History

Claimant began working for Appellant on August 1, 2023, as a crew member at

the Nixa/Mt. Vernon McDonald’s. Appellant’s attendance policy required that the store

be notified of any absences two hours prior to the scheduled shift. The policy also

required employees to call and notify the store of any tardiness or late arrival. On

February 1, 2024, Claimant was suspended from her employment due to multiple

violations of Appellant’s attendance policy. Prior to her suspension, Claimant had eight

instances of unexcused tardiness and two unexcused absences between December 19,

2023, and February 1, 2024. After her February 1, 2024, suspension, Claimant had four

additional instances of unexcused tardiness and an on-time rate of 0%. Appellant

claimed “[t]he behavior continued after suspension. Per the handbook, termination is the

next step.”

2 On March 18, 2024, 1 Claimant was terminated for multiple reasons, including

insubordination, an extensive history of tardiness in violation of Appellant’s attendance

policy for which she was suspended in the past, and maintaining a physical relationship

with a minor co-worker. On March 17, 2024, Claimant had a verbal altercation with her

supervisor, which ultimately led to her termination.

On March 27, 2024, Claimant filed for unemployment benefits. On April 10,

2024, the Division determined Claimant was disqualified from receiving unemployment

benefits due to misconduct connected with her work. Specifically, the Division found

that Claimant was discharged due to unprofessional behavior.

Claimant timely appealed that decision, and the Appeals Tribunal conducted a

telephone hearing on May 2, 2024. On May 6, 2024, the Appeals Tribunal issued its

decision reversing the Division’s determination and concluding that Claimant was

discharged on March 18, 2024, but not for misconduct connected with work. The

Appeals Tribunal made the following findings of fact:

[C]laimant was discharged because the employer believed [C]laimant had gotten into an argument with her supervisor, and that she was having a relationship with a minor co-worker. There was conflicting evidence and testimony concerning the circumstances leading to [C]laimant’s separation. Because the employer’s witnesses[’] testimony relied solely on the hearsay

1 We note a discrepancy in the record on appeal regarding the date of Claimant’s discharge. The majority of the documents and testimony refer to a discharge date of March 17, 2024, including Appellant’s testimony and the Division’s initial determination; however, Claimant testified that her last day of work was March 18, 2024, and the Appeals Tribunal referred to March 18, 2024, as the discharge date in its decision, which the Commission affirmed and adopted. At the hearing, Appellant clarified that March 18, 2024, was simply the date the disciplinary form documenting Claimant’s discharge was entered into Appellant’s computer system. As the Commission affirmed and adopted the decision of the Appeals Tribunal, we will refer to March 18, 2024, as Claimant’s discharge date herein.

3 statements of individuals not called to testify during the hearing despite those witnesses being available, the Appeals Tribunal specifically finds the testimony of [C]laimant to be more credible. [C]laimant did not act in an insubordinate manner on March 17, 2024. Additionally, [C]laimant was not in a relationship with a minor co- worker.

The Appeals Tribunal’s decision failed to include any findings regarding

Claimant’s tardiness and absenteeism. Appellant appealed that decision to the

Commission, and the Commission affirmed the decision of the Appeals Tribunal on June

14, 2024. This timely appeal followed.

Point on Appeal

Standard of Review

The Missouri Constitution guarantees the right of judicial review of

administrative decisions affecting the substantive rights of individuals. Mo. Const. art.

V, § 18. Section 288.210 governs judicial review of Commission decisions:

Within twenty days after a decision of the [C]ommission has become final . . . any party aggrieved by such decision may appeal the decision to the appellate court . . . . Upon appeal no additional evidence shall be heard. The findings of the [C]ommission as to the facts, if supported by competent and substantial evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of the appellate court shall be confined to questions of law. The court, on appeal, may modify, reverse, remand for rehearing, or set aside the decision of the [C]ommission on the following grounds and no other:

(1) That the [C]ommission acted without or in excess of its powers; (2) That the decision was procured by fraud; (3) That the facts found by the [C]ommission do not support the award; or (4) That there was no sufficient competent evidence in the record to warrant the making of the award.

Section 288.210. 2 This Court reviews the Commission’s decision to determine if it is

“supported by competent and substantial evidence upon the whole record.” Humphrey v.

2 All references to statutes are to RSMo 2016, unless otherwise specified.

4 Tramar Contracting, Inc., 669 S.W.3d 151, 153 (Mo. App. E.D. 2023) (quoting Lexow

v. Boeing Co., 643 S.W.3d 501, 504 (Mo. banc 2022)). We do not view the evidence and

all reasonable inferences drawn therefrom in the light most favorable to the award.

Hampton v. Big Boy Steel Erection, 121 S.W.3d 220, 223 (Mo. banc 2003). No

additional evidence will be heard on appeal, and in the absence of fraud, “the findings of

fact made by the [C]ommission within its powers shall be conclusive and binding.”

Section 287.495.1. We only set aside a decision on appeal if there is “no substantial and

competent evidence to support it or if it is clearly contrary to the overwhelming weight of

the evidence.” Mader v.

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VALHALLA RESTAURANTS, LLC d/b/a MCDONALD'S, Employer-Appellant v. KIARA PAGE, Claimant-Respondent and DIVISION OF EMPLOYMENT SECURITY, Respondent-Respondent, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valhalla-restaurants-llc-dba-mcdonalds-employer-appellant-v-kiara-moctapp-2025.