Legal Opinion

Ernst v. Sumner Group, Inc.

Missouri Court of Appeals

Decided September 23, 2008No. ED 90939PublishedCited by 9 opinions

1Opinion of the Court

KENNETH M. ROMINES, Judge.

Introduction

Sumner Group Inc., appeals the decision of the Labor and Industrial Relations Commission granting James Ernst unemployment benefits. The Commission held that Ernst’s acts of sending sexual emails via Sumner Groups internet did not violate Sumner Group’s computer usage policy, and therefore did not amount to misconduct related with work. See Section 288.050.2 RSMo (2000). 1 We reverse. 2

Factual and Procedural Background

Sumner Group, Inc. (“Sumner Group”) is a business that sells and services office equipment. On 10 May 2006, Sumner Group hired James Ernst…

2Cases cited7 opinions

  1. Hoover v. Community Blood CenterMissouri Court of Appeals · 2005
  2. Dixon v. Division of Employment SecurityMissouri Court of Appeals · 2003
  3. Moore v. Swisher Mower & MacHine Co., Inc.Missouri Court of Appeals · 2001
  4. Hartwig-Dischinger Realty Co. v. Unemployment Compensation CommissionSupreme Court of Missouri · 1943
  5. Dameron v. Drury Inns, Inc.Missouri Court of Appeals · 2006

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3Cited by9 opinions

  1. Martin v. Division of Employment SecurityMissouri Court of Appeals · 2012
  2. TAMKO BUILDING PRODUCTS, INC., Employer-Appellant v. DANIEL PICKARD, Claimant-Respondent, and MISSOURI DIVISION OF EMPLOYMENT SECURITYMissouri Court of Appeals · 2014
  3. Holly v. TAMKO Building Products, Inc.Missouri Court of Appeals · 2010
  4. Royal Bahamian Ass'n, Inc. v. Qbe Ins. Corp.District Court, S.D. Florida · 2010
  5. West v. Baldor Electric Co.Missouri Court of Appeals · 2010

4 more not listed; retrieve them via the Exa API.

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