Unemployment

February 11, 2007

Case Review- Unemployment Benefits Denied

In Peoples v. ESI Mail Pharmacy Services, Inc., et al., unemployment benefits were denied to Peoples based on reckless negligence.  Peoples had worked for ESI Mail Pharmacy Services, Inc. as a packer.  The pharmacy had problems with Peoples sending incorrect prescriptions to its customers and he was fired.  Peoples filed for unemployment benefits and the pharmacy contested his claim.  Peoples appealed the decision and it eventually was reviewed by the the Missouri Court of Appeals, Eastern District.  The appellate court upheld the denial of benefits on the basis of reckless negligence and stated that under Missouri laws

"misconduct" is defined as:  an 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 288.030.1(24), RSMo. Cum. Supp. 2005.

The court also  found that there was a disregard of standards of behavior in this case.

Source:  Peoples v. ESI Mail Pharmacy Services, Inc., et al., Missouri Court of Appeals, Eastern District, Case number ED87565, February 6, 2007

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