NICKLESS v. SAINT GOBAIN CONTAINERS, INC.

No. ED 96149.

350 S.W.3d 871 (2011)

Randy NICKLESS, Appellant, v. SAINT GOBAIN CONTAINERS, INC., and, DIVISION OF EMPLOYMENT SECURITY, Respondents.

Missouri Court of Appeals, Eastern District, Division Two.

October 25, 2011.


Attorney(s) appearing for the Case

Meagan E. Breeze , Breeze Law Firm, Festus, MO, for appellant.

Bart A. Matanic , Michael Eugene Cook Pritchett , Jefferson City, MO, for respondent DES.

Dennis C. Donnelly , Bryan Cave LLP, St. Louis, MO, Jeffrey Martin Mallamad , Carolyn Clay Hall , Bingham McHale LLP, Indianapolis, IN, for respondent Saint Gobain.


KENNETH M. ROMINES, J.

Background and Procedural History

Randy Nickless (Employee) challenges the Labor and Industrial Relations Commission's (Commission) denial of unemployment benefits. Employee claims that there was not substantial evidence to support the Commission's findings of fact, and that his actions, or more accurately his inactions, did not amount to misconduct.

Prior to his discharge...

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