Legal Opinion
Rush v. Kimco Corp.
Missouri Court of Appeals
Decided April 5, 2011No. WD 72455PublishedCited by 15 opinions
1Opinion of the Court
KAREN KING MITCHELL, Presiding Judge.
Alan Rush (“Rush”) appeals the Labor and Industrial Relations Commission’s (“Commission”) order disqualifying him from unemployment benefits. Rush contends that the Commission erred in affirming the denial of the benefits in that his single instance of bad judgment did not demonstrate that he engaged in willful conduct or in conduct so negligent as to manifest culpability. We agree. The judgment of the Commission is therefore reversed.
Facts and Procedural Background
Rush was discharged from his job with Kimco Corporation (“Employer”) on July 21, 2009. Upon…
2Cases cited16 opinions
- Hoover v. Community Blood CenterMissouri Court of Appeals · 2005
- McClelland v. Hogan Personnel, LLCMissouri Court of Appeals · 2003
- Dixon v. Division of Employment SecurityMissouri Court of Appeals · 2003
- Murphy v. Aaron's Automotive ProductsMissouri Court of Appeals · 2007
- Scrivener Oil Co., Inc. v. CriderMissouri Court of Appeals · 2010
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Fendler v. Hudson ServicesSupreme Court of Missouri · 2012
- Wooden v. Division of Employment SecurityMissouri Court of Appeals · 2012
- McCracken v. BRANSON AIRPORT, LLCMissouri Court of Appeals · 2011
- Halkmon v. National Archives & Records AdministrationMissouri Court of Appeals · 2013
- Mooneyham v. Barnz B, Inc.Missouri Court of Appeals · 2011
10 more not listed; retrieve them via the Exa API.