Opinion
WD 85920
10-24-2023
MENARD, INC., Appellant, v. Stephen BARBER and Division of Employment Security, Respondents.
Byron A. Bowels, Jr., Lydia Murphy, Joy Fears, Gabriel J. Greenbaum, Kansas City, KS, for Appellant. Andre M. Follett, Jefferson City, for State of MO Div of Employment Security, Thomas F. Ralston, Kenneth D. Kinney, Kansas City, for Respondent Stephan Barber.
Byron A. Bowels, Jr., Lydia Murphy, Joy Fears, Gabriel J. Greenbaum, Kansas City, KS, for Appellant.
Andre M. Follett, Jefferson City, for State of MO Div of Employment Security, Thomas F. Ralston, Kenneth D. Kinney, Kansas City, for Respondent Stephan Barber.
Before Division Two: Janet Sutton, P.J., and Alok Ahuja and Mark D. Pfeiffer, JJ.
ORDER
PER CURIAM:
The Labor and Industrial Relations Commission issued a decision awarding unemployment compensation benefits to Stephen Barber, a former employee of Menard, Inc. The Commission awarded Barber benefits despite Menard's claim that he had been discharged for misconduct. Menard appeals, contending that the Commission's rejection of its misconduct defense is not supported by competent and substantial evidence, and that the Commission's findings establish misconduct as a matter of law. We affirm. Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties setting forth the reasons for this order. Rule 84.16(b).