Court: Missouri Court of Appeals; November 8, 2011; Missouri; State Appellate Court
Timothy Schweitzer, a former employee of Sinak Plumbing, resigned on September 13, 2010, primarily to access his 401k funds, as he communicated to office manager Angie Weber. He later filed for unemployment benefits citing harassment by owner Bobby Sinak as the reason for his resignation. Initially, the Division of Employment Security (DES) determined he was eligible for benefits, but Sinak appealed. During the Appeals Tribunal hearing, Schweitzer testified about incidents of harassment, including threats involving bullets, while Weber asserted that Schweitzer's resignation was solely for financial reasons and that she was unaware of any threats. The Appeals Tribunal upheld the initial ruling, but the Labor and Industrial Relations Commission later reversed this decision, concluding Schweitzer resigned without good cause. On appeal, Schweitzer contended the Commission erred by disregarding evidence of harassment. However, the court noted that the Commission found Weber's testimony more credible, indicating Schweitzer's resignation was primarily motivated by his need for 401k funds. The court affirmed the Commission's decision, emphasizing the deference given to the Commission's credibility assessments and resolution of conflicting evidence.
Ms. Weber's credible testimony indicates that Schweitzer resigned to access his 401k funds, and there are no allegations of fraud. Under Section 288.050(1), a claimant is ineligible for unemployment benefits if they voluntarily terminate employment without "good cause" related to their work, with the burden of proof on the claimant. The legal issue of whether Schweitzer's resignation constituted "good cause" does not defer to the Commission's findings. Schweitzer acknowledged his voluntary resignation, which is supported by substantial evidence. "Good cause" requires that the resignation be reasonable and made in good faith. Previous rulings suggest that "good cause" typically involves employer-related harassment or misconduct. Resigning solely to access 401k funds is deemed unreasonable, as it stems from a personal motivation outside the employer's control. Consequently, since Schweitzer's resignation lacked reasonable justification, the issue of good faith need not be considered, and he does not qualify for unemployment benefits. The Commission's judgment is upheld.
