ERNST v. SUMNER GROUP, INC.

No. ED 90939.

264 S.W.3d 669 (2008)

James ERNST, Claimant/Respondent, v. SUMNER GROUP, INC., Employer-Appellant, and Division of Employment Security, Respondent.

Missouri Court of Appeals, Eastern District, Division Five.

September 23, 2008.


Attorney(s) appearing for the Case

Theresa A. Phelps, St. Louis, MO, for appellant.

Shelly A. Kintzel, Jefferson City, MO, for respondent, DES.

James K. Ernst, St. Louis, MO, pro se.


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...

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