40.6 Unemployment Insurance. Mary Garas, a chemist, sought work in Missouri through Kelly Services, Inc. Kelly is
Question:
40.6 Unemployment Insurance. Mary Garas, a chemist, sought work in Missouri through Kelly Services, Inc. Kelly is a staffing agency that places individuals in jobs of varying duration with other companies. Through Kelly, Garas worked at Merial Co. from April 2005 to February 2006. After the assignment ended, Garas asked Kelly for more work. Meanwhile, she filed a claim for unemployment benefits with the Missouri Division of Employment Security (DES). In March, Kelly recruiter Rebecca Cockrum told Garas about a temporary assignment. Garas said that she would prefer a “more stable position,” but later asked Cockrum to submit her résumé. Before the employer responded, Kelly told the DES that Garas had refused suitable work. Under a state statute, a claim for unemployment benefits must be denied if “the claimant failed without good cause . . . to accept suitable work when offered the claimant . . . by an employer by whom the individual was formerly employed.” The DES denied Garas’s claim for benefits. She filed an appeal. Was the DES’s denial right or wrong? Why? [Garas v. Kelly Services, Inc., 211 S.W.3d 149 (Mo.App. E.D. 2007)]
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Business Law Today Comprehensive
ISBN: 9780324595741
8th Edition
Authors: Roger LeRoy Miller, Gaylord A Jentz