## Facts

- Wendy Foley worked for Quik ‘N Tasty Foods, Inc. as a machine operator for about three years and had ongoing attendance problems.
- Foley’s supervisor met with her about “excessive absences.”
- Foley requested another day off to take her children to the dentist; the supervisor said the additional absence would be “unacceptable.”
- The supervisor suggested Foley might consider resigning rather than risk a termination on her record, but did not issue an ultimatum or state Foley would be fired if she did not resign or if she missed the additional day.
- Foley submitted a written resignation and then applied for unemployment benefits.
- A Division deputy denied benefits as a voluntary quit without good cause; an Appeals Referee affirmed.
- The Labor and Industrial Relations Commission reversed and awarded benefits, finding the resignation reasonable, in good faith, and for good cause attributable to the work or employer.
- The employer appealed the Commission’s award.

## Issues

1. Whether Foley left employment voluntarily or was effectively compelled to resign.
2. Whether Foley proved “good cause attributable to the work or employer” sufficient to avoid disqualification from unemployment benefits.

## Decision

- The Missouri Court of Appeals reversed the Commission’s award of benefits.
- The court held Foley voluntarily resigned.
- The court held Foley failed to establish good cause attributable to the work or employer and was disqualified from benefits.

## Legal Principles

- A claimant who leaves work voluntarily is disqualified from unemployment benefits unless the claimant proves good cause attributable to the work or the employer.
- The claimant bears the burden to show good cause.
- “Good cause” requires conditions that are real, substantial, and reasonable, such that a reasonable person of normal sensitivity would feel compelled to resign.
- Resigning based on apprehension of possible future discharge, without an actual discharge or a firm ultimatum, remains a voluntary quit.
- An employer’s legitimate enforcement of attendance expectations, coupled with a noncoercive suggestion to consider resignation, does not by itself create an employer-caused condition making continued employment unreasonable.

## Conclusion

Foley resigned without a discharge or ultimatum and did so based on fear of potential termination; that fear did not amount to good cause attributable to the employer, so she was disqualified from unemployment benefits.


Quik ‘N Tasty Foods, Inc. v. Div. of Emp. Sec., 17 S.W.3d 620 (Mo. Ct. App. W.D. 2000)