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Quik ‘N Tasty Foods, Inc. v. Division of Employment Security

17 S.W.3d 620 (Mo. Ct. App. 2000)

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Quik ‘N Tasty Foods, Inc. v. Division of Employment Security

Missouri Court of Appeals

17 S.W.3d 620 (Mo. Ct. App. 2000)

Facts

Wendy Foley was a machine operator for Quik ‘N Tasty Foods, Inc. (Quik ‘N Tasty) (plaintiff) for approximately three years. On March 24, 1999, Foley was called into the office of her immediate supervisor, Tina James, to address Foley’s excessive absences. During the meeting, Foley said that she needed to take the day off on March 29, 1999, in order to take her children to the dentist. James informed Foley that taking the day off would be unacceptable. James suggested that Foley consider resigning, rather than risk having a termination on her employment record. James did not affirmatively state that Foley would be discharged if she did not resign, or that Foley would be discharged if she did not work on March 29. After the meeting, Foley submitted her resignation. On March 29, Foley filed for unemployment benefits with the Missouri Division of Employment Security (Division) (defendant). The Division concluded that Foley was ineligible for unemployment benefits because she had resigned voluntarily without good cause attributable to her work or her employer. Foley appealed. An appeals referee found that Foley’s decision to resign was unreasonable and not in good faith, and that Foley was therefore not qualified for unemployment benefits. Foley appealed to the Labor and Industrial Relations Commission (Commission). The Commission reversed, finding that Foley’s resignation was reasonable, that her resignation was in good faith, and that Foley was entitled to unemployment benefits. Quik ‘N Tasty appealed.

Rule of Law

Issue

Holding and Reasoning (Holliger, J.)

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