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Lucido v. Division of Empl. Sec.

Court of Appeals of Missouri, Western District, First Division

September 9, 2014

MARY K. LUCIDO, Appellant,
v.
DIVISION OF EMPLOYMENT SECURITY, Respondent

September 9, 2014,

Appeal from the Labor and Industrial Relations Commission.

Mary K. Lucido, Appellant, Pro se, Columbia, MO.

Ninion S. Riley, Jefferson City, MO, Attorney for Respondent.

Before Division I: Mark D. Pfeiffer, Presiding Judge, and Lisa White Hardwick and Karen King Mitchell, Judges. Lisa White Hardwick and Karen King Mitchell, Judges, concur.

OPINION

Mark D. Pfeiffer, Presiding Judge

Page 173

Mary K. Lucido (" Lucido" ) appeals a decision of the Labor and Industrial Relations Commission (" Commission" ), which affirmed the decision of the Appeals Tribunal denying Lucido's application for unemployment benefits. We reverse and remand for further proceedings consistent with this opinion.

Factual and Procedural Background

Lucido began working for American Greetings Corp. (" Employer" ) in January of 2007. She was a part-time merchandiser, handling Employer's greeting cards and gift wrap in one Wal-Mart store and three Dollar General stores in Columbia, Missouri. She earned $8.09 per hour. Lucido worked fifteen to twenty hours per week among the four stores, but the vast majority of her work involved the Wal-Mart store. The three Dollar General stores combined only required about forty-two minutes of her time every other week.

When there were changes in management at the Wal-Mart store in early 2013, Lucido began to experience some difficulties with the new management. She informed her supervisor, Ed Cleaveland (" Cleaveland" ), about her difficulties, and he recommended that Lucido have her husband accompany her to the store to help her. At one point, Cleaveland asked Lucido why she didn't just quit and told her that another merchandiser wanted the Wal-Mart store. Lucido responded that she couldn't live on what she would make working only at her other three stores (which would have yielded just over $11.00 per month). On May 8, 2013, Cleaveland sent Lucido an email stating that he had reassigned the Wal-Mart store to another merchandiser and that Lucido should turn in the Motorola scanner that she used to keep track of the inventory at all of the stores she controlled. Lucido was directed to meet Cleaveland at the Wal-Mart store the next day to return the scanner.

On May 9, 2013, Lucido met with Cleaveland and returned her Motorola scanner. She told Cleaveland that she was shocked and stated, " I cannot believe you're getting rid of me like this." Cleaveland responded, " Why are you surprised? You weren't happy here." Then Cleaveland told Lucido she could keep her other three stores (which he knew would pay her about $11.00 per month) and that he would get her an older scanner for her work at the other three stores. She was not offered any additional stores to replace Wal-Mart. Lucido responded, as she had previously told Cleaveland, that it was not financially feasible for her to exclusively work the other stores for forty-two minutes every other week and reiterated that she could not live on $11.00 per month. Cleaveland offered nothing further to Lucido, and Lucido left. After the meeting, both Cleaveland and Lucido understood that Lucido no longer worked for Employer. They did not speak again after that meeting.

Lucido filed a claim for unemployment benefits. Employer challenged Lucido's claim, maintaining that Lucido had quit her job voluntarily, and Lucido's claim for benefits was denied. Lucido ...


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