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Smith v. Greyhound Bus Co.

Court of Appeals of Missouri, Eastern District, Second Division

June 16, 2015

ZACHARY SMITH, Appellant,
v.
GREYHOUND BUS COMPANY and DIVISION OF EMPLOYMENT SECURITY, Respondents

Page 56

Appeal from the Labor and Industrial Relations Commission.

FOR APPELLANT: John H. Ammann, St. Louis University Legal Clinic, Louis, Missouri.

FOR RESPONDENT: Sara H. Harrison, Division of Employment Security, Jefferson City, Missouri.

Philip M. Hess, Judge. Sherri B. Sullivan, P.J. and Mary K. Hoff, J. concur.

OPINION

Page 57

Philip M. Hess, Judge

Introduction

Zachary Smith (Claimant) appeals the decision of the Labor and Industrial Relations Commission (Commission) denying his claim for unemployment compensation benefits. The Commission determined that Claimant was disqualified from receiving benefits because he voluntarily quit his job without good cause attributable to his work or the employer. We affirm.

Factual Background

Claimant began working for the Greyhound Bus Company (Employer) as a student trainee on January 28, 2014. Claimant was required to complete four weeks of training before he could be hired as a motor coach driver for the bus company. For the first two weeks of training, Claimant was sent to Atlanta for classroom instruction and driver training. He then returned to St. Louis to complete two more weeks of " on-the-job" driver training. On February 25, 2014, Claimant was scheduled to complete a roundtrip route from St. Louis to Columbus, Ohio. Although Claimant was scheduled to depart St. Louis at 11:35 p.m., the bus ended up leaving St. Louis between 12:30 a.m. and 1:00 a.m. on February 26, 2014, due to mechanical problems. The bus arrived in Columbus sometime after 10:00 a.m., on February 26, 2014, and departed later that night, arriving back in St. Louis the next morning on February 27, 2014. On February 28, 2014, Claimant called his shift manager, Tonya Reed, and notified her that he was leaving the training program and would not be returning to work. Claimant did not offer any reason for leaving other than indicating that the job " wasn't for him."

Claimant subsequently filed a request for unemployment benefits with the Division of Employment Security (Division).

Page 58

A division deputy determined that Claimant was not disqualified from receiving unemployment benefits after finding that Claimant quit his job because he " did not receive breaks or lunch" and was " so tired" that he would " nod off" and he " did not feel safe doing the job." Employer appealed and a hearing was set before the Appeals Tribunal.[1] After Claimant failed to appear at the hearing, the Appeals Tribunal issued a decision adverse to him, but later granted Claimant's request for another hearing after ...


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