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In re Zinevich

Court of Appeals of Missouri, Southern District, First Division

June 15, 2015

In the Matter of SCOTT ZINEVICH, Claimant/Respondent,
v.
DIGITAL MONITORING PRODUCTS, INC., Employer/Appellant, and MISSOURI DIVISION OF EMPLOYMENT SECURITY, Respondent

Page 924

APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS COMMISSION.

For Appellant: Jay M. Dade, of Springfield, Missouri.

For DES, Respondent: Sara H. Harrison, of Jefferson City, Missouri.

For Zinevich, Respondent: Benjamin A. Stringer, of Springfield, Missouri.

WILLIAM W. FRANCIS, JR., C.J./P.J. - OPINION AUTHOR. NANCY STEFFEN RAHMEYER, J. - Concurs, DON E. BURRELL, JR., J. - Concurs.

OPINION

Page 925

WILLIAM W. FRANCIS, JR., J.

Digital Monitoring Products, Inc. (" Employer" ), appeals the decision of the Labor and Industrial Relations Commission (" Commission" ) finding Scott Zinevich (" Zinevich" ) was not disqualified for benefits by reason of misconduct connected with work. We affirm the Commission's decision.

Facts and Procedural History

Zinevich worked for Employer as the regional training manager/vertical training manager from October 2006 until he was terminated on January 13, 2014, for failure to follow managerial directives, including failing to attend a webinar on January 10, 2014.[1] As regional training manager/vertical training manager, Zinevich traveled throughout the United States and Canada providing training to alarm companies on how to install and program Employer's products.

Zinevich was instructed by Employer to attend a training webinar occurring on January 10, 2014, but failed to do so. Zinevich testified he did not intentionally miss the webinar, but failed to attend because he never received the login or password information.[2] On the day of the meeting, Zinevich realized he had not received the email containing the required login and password for the webinar. He contacted two co-workers, the regional training manager, and the training coordinator and personal assistant to David Peebles (" Peebles" ), Vice President of Training and Development. However, the co-workers indicated they could not give Zinevich the login information as Tim Nissen (" Nissen" ), Director of Field Technical Training and Zinevich's supervisor, was the only person with that information. Zinevich did not then contact Nissen because by that time, the webinar had already begun.

At the time the webinar began, Nissen was aware that Zinevich was not logged in, was told by the regional manager that Zinevich had called him " stressed" trying to get the login information, but Nissen took no steps to get Zinevich the login information so he could participate in the

Page 926

webinar.[3]

On January 13, 2014, Peebles, on behalf of Employer, terminated Zinevich. As a basis for termination, Peebles cited Zinevich's failure to attend the webinar, and other work-related issues not relevant to this appeal.

On January 15, 2014, Zinevich filed a claim for unemployment benefits. Employer filed a formal protest stating Zinevich's termination was work-related misconduct arising out of Zinevich's failure to participate in a webinar on June 10, 2014, which was " [t]he final incident" causing the discharge, after he had received numerous warnings, and knew his job was in jeopardy.

On February 4, 2014, a Deputy's Determination found that Zinevich was discharged by the Employer for misconduct connected with work in that Zinevich failed to participate in a webinar that Zinevich had been notified was mandatory. Zinevich appealed and a hearing was held ...


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