Missouri Laws 288.046 – General assembly’s intent to abrogate certain case law — determining ..
1. In applying provisions of this chapter, it is the intent of the general assembly to reject and abrogate previous case law interpretations of “misconduct connected with work” requiring a finding of evidence of impairment of work performance, including but not limited to, the holdings contained in Baldor Electric Company v. Raylene Reasoner and Missouri Division of Employment Security, 66 S.W.3d 130 (Mo.App. E.D. 2001).
2. In determining whether misconduct connected with work has occurred, neither the state, any agency of the state, nor any court of the state of Missouri shall require a finding of evidence of impairment of work performance.
Terms Used In Missouri Laws 288.046
- Case law: The law as laid down in cases that have been decided in the decisions of the courts.
- Division: the division of employment security which administers this chapter. See Missouri Laws 288.030
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Misconduct: only as the term is used in this chapter, conduct or failure to act in a manner that is connected with work, regardless of whether such conduct or failure to act occurs at the workplace or during work hours, which shall include:
(a) Conduct or a failure to act demonstrating knowing disregard of the employer's interest or a knowing violation of the standards which the employer expects of his or her employee. See Missouri Laws 288.030
- State: includes , in addition to the states of the United States of America, the District of Columbia, Puerto Rico, the Virgin Islands, and the Dominion of Canada. See Missouri Laws 288.030