Legal Opinion

Donald Clay, Jr. v. Fehlig Brothers Box & Lumber Company and Division of Employment Security

Missouri Court of Appeals

Decided April 5, 2016No. ED103355PublishedCited by 1 opinion

1Opinion of the Court

OPINION

James M. Dowd, Judge

Donald Clay, Jr. appeals from the Labor and Industrial Relations Commission’s (the “Commission”) determination that he was disqualified from receiving unemployment benefits because he committed misconduct in connection with his employment at Feh-lig Brothers Box & Lumber (“Employer”). Clay contends that the Commission erred because it improperly placed the burden on him to prove that he did not commit misconduct. We disagree'and affirm.

Factual and Procedural Background

Clay worked for Employer from July 2011 until his termination in May 2015. During approximately the…

2Cases cited6 opinions

  1. Missouri Division of Employment Security v. Labor & Industrial Relations CommissionSupreme Court of Missouri · 1983
  2. Fendler v. Hudson ServicesSupreme Court of Missouri · 2012
  3. Seck v. Department of TransportationSupreme Court of Missouri · 2014
  4. Guccione v. Ray's Tree ServiceMissouri Court of Appeals · 2010
  5. Cynthia Menendez v. Division of Employment SecurityMissouri Court of Appeals · 2015

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

3Cited by1 opinion

  1. Kirk Wilson v. Progressive Waste Solutions of MO, Inc., and Division of Employment SecurityMissouri Court of Appeals · 2017

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