transcript on appeal missouri court of appeals, western district case no. wd75277-08!14!2012
TRANSCRIPT
TRANSCRIPT ON APPEAL
MISSOURI COURT OF APPEALS, WESTERN DISTRICT
NO. WD75277
RE: MICHAEL MCKINZY, APPELLANT VS. MCKEEVER ENTERPRISES, INC. AND
DIVISION OF EMPLOYMENT SECURITY, RESPONDENTS
Appeal No. 12-05118 R-A
Commission No. LC-12-01357
APPEAL NO. 12-05118 R-A APPEAL NO. 12-05783 R-A
Hearing held in the office of the Missouri Division of Employment Security, Kansas City, Missouri, on April 5, 2012, at 12:30 p.m., before the Honorable M. D. Neal, Appeals Referee
MICHAEL MCKINZY, Claimant 9500 W 87th St Overland Park KS 66212
MCKEEVER ENTERPRISES, INC, Employer Ste 100 4216 S Hocker Dr Independence MO 64055
001
2
PERSONS IN ATTENDANCE
MICHAEL EUGENE MCKINZY, Claimant
STEVEN L. PROTZMAN, Store Director, McKeever Enterprises, Inc., Employer
ROCKY DEAN ERWIN, Night Manager, McKeever Enterprises, Inc., Employer
INDEX OF TESTIMONY
Name of Witness
MICHAEL EUGENE MCKINZY, Claimant
STEVEN L. PROTZMAN, Witness for Employer
ROCKY DEAN ERWIN, Witness for Employer
INDEX OF EXHIBITS
CLAIMANT'S EXHIBIT 1 (Appeal Number 12-05118)
DIVISION'S EXHIBIT 1 (Appeal Number 12-05118)
DIVISION'S EXHIBIT 2 (Appeal Number 12-05783)
10-19; 23-32; 50-54; 57-58
33-44
45-49
Page 51
Page 8
Page 9
002
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MS. NEAL:
We'll go on the record. I need to make you aware--excuse me--
how--of how this hearing will be conducted. Once we actually
get started I'm going to begin with an opening statement and
I'll be giving the procedural history of your appeals and I do
show you have two appeals before me today. The first appeal
that we will be addressing is concerning your separation from
work with McKeever Enterprises. The second issue that we will
be addressing is your benefit year beginning date. Again,
after I give my opening then I'll swear you in and I'll take
your testimony on the separation from work, which means I'll
ask you a few questions. Then once I'm done, you will have an
opportunity to offer any evidence that you may have brought
today and you'll be able to make additional statements and
comments that you want considered regarding your separation
from work. From that point forward, we'll take testimony and
evidence on your second appeal concerning your benefit year
beginning date. We'll follow that same procedure. Again, I'll
ask you questions. Then once I'm done, you'll be able to offer
any documents or other evidence and make additional statements
and comments that you want considered on that second appeal.
After the hearing today I'll write a decision for each of your
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4
appeals, so you'll have two decisions forwarded to the address
that you just provided to me.
MR. MCKINZY:
Do you have any questions, sir?
Not at this point.
MS. NEAL:
All right, then we'll get started. We're now commencing the
hearing for Appeal Number 12-05118, 12-05783. The claimant is
Michael McKinzy. The interest employer in the first appeal is
McKeever Enterprises, Inc. I am Referee Neal. I've been
assigned to conduct this hearing. This hearing is.being held
on April 5, 2012, by way of an in person hearing located in the
Division office in Kansas City, Missouri. Present and
participating in the hearing is the claimant. In the first
appeal, a deputy determined under the Missouri Employment
Security Law that the claimant is disqualified for benefits
u~til the claimant has earned wages for insured work after
January 21, 2012, equal to ten times the claimant's weekly
benefit amount on a finding that the claimant voluntarily left
work on that date without good cause attributable to the
claimant's work or the employer. The claimant filed a timely
appeal from that determination on February 29, 2012. Today's
hearing is the result. At issue in the first appeal is the
claimant's separation from work under Sections 288.050 point
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one and two of the Missouri Employment Security Law. I will
decide if the claimant left work voluntarily with or without
good cause attributable to the claimant's work or the employer,
or that the claimant was discharged for or not for misconduct
connected with tne work. In the second appeal, a deputy
determined under the Missouri Employment Security Law that the
claimant--that the claimant's benefit year beginning date is
February 5, 2012. The claimant filed a timely appeal from that
determination on February 28, 2012--12. Today's hearing is
also the result of that appeal. At issue in the second appeal,
under Section 288.030.1 Section 3 of the Missouri Employment
Security Law and 8 CSR 10-3.010 of the Division's regulations,
is whether or not good cause exists to assign an earlier date
as the beginning of the claimant's benefit year. All right,
Mr. McKinzy, I'm required to verify your mailing address for a
second time and again, we have it a--as 9500 West 87th Street,
Overland Park, Kansas, 66212, correct?
MR. MCKINZY:
That is correct.
MS. NEAL:
All right. One other matter we need to address before I can
start taking your testimony is the appeals packets which the
Appeals Clerk certified that you were mailed a copy of. Did
005
you bring your packets with you? You should have two, one -
MR. MCKINZY:
Yes.
MS. NEAL:
- for each appeal.
MR. MCKINZY:
Yes, I do.
MS. NEAL:
All right. What I need to do at this time is to go through
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each packet to give a brief description of the pages. If you
will also review your copy and let me know if you have
something other than the pages that I'm describing. All right,
the first page should be the certification from the Appeals
Clerk. It's a document with Do Not Separate These Materials
printed in bold at the bottom.
MR. MCKINZY:
Yes. Yes.
MS. NEAL:
Do you have that page, sir?
All right. And we're addressing the appeal for--the packet for
Appeal Number 12-05118. Are you there?
MR. MCKINZY:
Yes.
MS. NEAL:
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All right, and it--the page looks like this. All right. The
second page should be the Notice of Appeal to Appeals Tribunal.
The third page looks like it has written on it Notice of
Request for In Person Hearing. The fourth page is a fax cover
sheet. Fifth page is a fax cover sheet. The sixth page is
another copy of the document with the Notice of Request for In
Person Hearing written on it. The seventh and eighth pages are
the Pending Issue Questionnaire. The ninth page is a fax cover
sheet. The tenth and eleventh page are the Pending Issue
Questionnaire. The twelfth page is a fax cover sheet. The
thirteenth page has written on it Notice of Appeal, 2/28/12.
The fourteenth page is a fax cover sheet. The fifteenth page
is printed landscape. It's handwritten and it's signed by you
and dated 2/28/12. The sixteenth page is the Division's
efforts to take a telephone statement from you, as well as the
deputy's reason and rationale. The seventeenth page is a
Notice to Base Period Employer. Eighteenth page is a copy of
the employer's protest. The nineteenth page is a letter dated
January 7, 2012. The twentieth pla--page is a letter dated
January 21, 2012. The twenty-first and final page of my packet
is a copy of the determination which is at issue. Mr. McKinzy,
do you show your copy of this packet as the pages I've just
described, sir?
007
MR. MCKINZY:
Yes, I do.
MS. NEAL:
All right.
Exhibit 1.
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I'm required to mark the packet as Division's
(Division's Exhibit 1, No. 12-05118, marked for identification)
I'm also required to receive it into the record, but before I
do, do you have any objection, sir?
MR. MCKINZY:
I would have a concern regarding the--well, I can add it--no-
no objections.
MS. NEAL:
All right. Division's Exhibit 1 is now admitted. I need to
also go through the second packet. Again, the first page of my
copy of this packet is the certification from the Appeals
Clerk. The second page is a Notice of Appeal to Appeals
Tribunal. The third page is the Notice of Appeal date,
2/28/2012. The fourteenth (SIC) page is a fax cover sheet.
The fifth page, printed landscape, is signed by you and dated
2/28/12. The sixth page is a printout from the Division. At
the top, in the middle, it reads REG Initial. Then at the
bottom it says date of inquiry 3/12/12, and it is the tenth
page of thirteen. The seventh page is REG Continued and it's
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page number 11. The eighth page is REG Contacts and it's page
number 12. The ninth page at the top reads Weeks Claimant IVR,
and at the bottom it reads page number 14 of 14. The tenth,
eleventh, twelfth, thirteenth and fourteenth pages are the
filing the weekly certification claim for benefits script. The
fifteenth page of the packet is a copy of the Notice of Initial
Determination of Status of Insured Worker. And the sixteenth
and final page of the packet reads at the top Important, Please
Read, Claim Information and Instructions. Do you show your
second packet has the pages I've just described, sir?
MR. MCKINZY:
Yes.
MS. NEAL:
All right. I'm now marking it as Division's Exhibit 2
(Division's Exhibit 2, No. 12-05783, marked for identification)
Any objections to Division Exhibit 2 being admitted, sir?
MR. MCKINZY:
No.
MS. NEAL:
Division's Exhibit 2 is now admitted. All right. As I
explained, we'll start by taking testimony regarding your
separation from work first. And, sir, I'll need you stand and
raise your right hand.
009
MS. NEAL:
MICHAEL EUGENE MCKINZY, first being duly sworn, testified as follows:
Q Please state your full name and spell your last name.
MR. MCKINZY:
A Michael Eugene McKinzy. Last name spelled M-c-K-i-n-z-y.
Q Sir, how long did you work for McKeever Enterprises?
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A My employment began on August 1, 2011, until January 21, 2012.
Q What type of work were you performing?
A I was a night stocker.
Q And what was your ending rate of pay?
A Nine dollars an hour.
Q Did you work there full time or part time?
A I was considered full time, although I did not work a 40-hour
work week. It was a maximum number of hours was 36, initially
32 and it increased to 36 when I was considered full time to
obtain benefits through my employer.
Q And who was your last immediate supervisor?
A I knew him as Rocky Rucker (SIC), Mr. Rocky Rucker (SIC).
Q Did you quit your work or were you discharged?
A I did not quit. I was told that I had my (unintelligible) my
job and I was instructed that I could go home because I was not
able to do the w>rk that it was given to me on that night
010
without assistance that I requested.
Q Were you given those instructions on January 21, 2012?
A Yes.
Q And who told you that?
11
A Mr. Rocky Rucker (SIC), my nighttime su--supervisor manager of
the Price Chopper store at Store 300.
Q All right. And, sir, when you were given those instructions to
go home because you could not do your job without assistance,
what did you say?
A I was--I inquired whether or not I would be, as I requested to
rescind my notice of resi--resignation, once I arrived at
approximately 9 o'clock. He received it, accepted it, and then
later on hand it back to me and told me that I could go home,
that I had my chance to keep my job.
Q All right. Let us unpack a little bit of what you said. I
understood you to state that what was said to you to make you
believe that you no longer had work was that--was go home
because you cannot do your job without assistance. And that's
what your supervisor told you.
A Yes.
Q All right. After your supervisor said that to you, did you
immediately leave?
A No. I followed him back to the back room and he handed back my
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12
notice of resignation that I had given him earlier upon
arriving to work, saying that--that I had my chance to keep my
job and he wasn't accepting my request to rescind my notice of
resignation.
Q All right. And you submitted your resignation when you came to
work on January 21?
A Yes.
Q Is that right?
A No, I didn't. I submitted my notice of rescinding my
resignation. My notice of resignation was submitted, I
believe, January 7. I gave two-week's notice of resignation on
January 7 by hand-delivered, as I did my notice to rescind my
notice--to rescind my notice of resignation directly to my
immediate supervisor.
Q What reason was provided in your notice of resignation for--for
quitting?
A I had provided a written reasons for my notice of resignation
on January 7, 2012, and it--it listed se--eight things. The
number one was acquire--acquired vacation taken to maintain
eligibility for ben--for my benefits. Two is scheduled by
night manager to work on New Year's Day, on Saturday, December
31, 2011. My day off. Received phone call on New Year's Day
from Kevin White, coworker, to report to work. Not provided
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with requested written job description of my night stocker
position from night manager and no training provided to me to
meet expected stocking rate standard. Double standard applied
by night manager to different employees a--as to late arrival,
absentee policy, safety work rule violation and job
performance. Five, told only to stock faster when I requested
my three-month employee review evaluation by my--for my job
performance by night manager. Six, notified by night manager I
will be required to work some Saturdays, despite the fact I am
currently working four 9-hour days, 36 hours work week to
maintain my eligibility for my benefits. Seven, my original
work schedule of Sunday, Monday, Wednesday and Friday, all
truck nights, not enough to qualify for benefits despite being
told by night manager that I would qualify with my original 32-
hour to--schedulsd per week. Told by night manager if I work
Christmas I will be given New Year's Day off. However, was
scheduled to wor--to work despite a lesser senior Caucasian
employee given it off.
Q All right. Mr. McKinzy, I want to restate what I understood
the reasons to be--the reasons you provided to your employer as
being your reasons for wanting to leave this work, and you let
me know if I'm leaving something out or if I am
misunderstanding. I know you--I think you listed that you have
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eight reasons, but I understood you to actually provide nine.
All right. You said one of the reasons why you left this work
was because of your vacation hours, is that right?
A Yes, my hours was taken in order to maintain my health benefits
without my permission.
Q All right. And then you mentioned that you were scheduled to
work on your days off, is that right?
A I was scheduled to work--I was not scheduled to work New Year's
Day. After I left work the schedule was changed and I would
have not been notified, would have been written up, had not a
coworker called me and notified me that my name had been placed
after I left work to work a--a day that I would normally be
off.
Q All right, and you said no job description?
A Yes, I requested a job description because I was having
difficulties finishing B side, which I was assigned, and
expected to go and assist on A side, but I was not given any
training to meet this--the required 50 boxes per hour stocking
rate to do what I was expected to do after completing the B
side. And also r:!o what I was expected to do on A side.
Q All right, and you mentioned no training. Was that a part of
what you were just explaining about the job description or was
that a separate issue?
014
15
A That was a separate. I was not provided a job description, nor
was I provided t~aining to meet the expected stocking rate per
hour. So I didn't know exactly what my job responsibilities
were, nor was I provided the necessary training to meet what I
was expected to do.
Q All right. And then you mentioned the double standards.
A I had coworkers that were Caucasian come in late and not be
written up. We were informed that we could not ride on the
equipment. He was allow--observing several employee ace-
occasion riding dnd he would just be told I told you not to do
that and no further, you know, disciplinary action taken
against them.
Q And how do you know there was no disciplinary action taken
against the employees, the -
A The -
Q - other employees?
A I was speaking to the same employee. He said that--he told me
directly that because he was getting his raise they was giving
me another chance and going ahead and giving me a raise as--as
-as long as I agreed to do better in the future. He was given
a raise despite the violations of--of arriving on several
occasions late and also being observed violating the safety
violation of riding on equipment, the carts.
015
16
Q All right. So the basis of your belief that the--your coworker
was not disciplined was because the coworker told you that -
A Yes.
Q - he was not disciplined? All right. All right. And then you
mentioned that you were told to stack faster?
A Stock faster.
Q Stock faster, okay.
A When I requested my three-month evaluation, it entailed just
being told by the night manager to stock faster and he walked
away and stated well, you asked.
Q All right. And then you mentioned you were required to work
some Saturdays?
A My initial schedule was Sunday, Monday, Wednesday and Friday,
which are all truck nights, which are busy nights. When I
initially was hiced in by a previous night manager, Steve
Franklin, that's what I was told that I would not be required
to work Saturdays if I maintained the truck nights. And that
was changed despite me being changed from eight hours to nine
hour days to be able to qualify for benefits, that I would also
have to come in on Saturdays in addition to the nine hours,
when everyone else was working eight hours.
Q All right, so you would have to work nine hours and work on
Saturdays -
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A Yes.
Q - some Saturdays? All right. All right. Then I understood
you to state that you were originally told that you would
qualify for benefits under your--the work schedule that you
originally were working and then you were told it was not
enough to qualify for benefits.
A Yes.
Q Is that right?
A I was--that's where I was converted to work nine hours instead
of eight hours to qualify for the benefits that I was told I
originally qualified, based on a 32-hour work schedule.
increased one hour for the four days I worked, to 36, to
qualify for what I was told I was gonna qualify for.
Q And when did that change occur?
A Approximately in November. Excuse me.
It was
Q All right. And I'm understanding that you were told that you
had to work New Year's Eve only when you originally had been
scheduled to be off that day.
A I was told that--the arrangement I was told by my--Rocky Rucker
(SIC) is that those who work Christmas or new--Christmas would
not have to work New Year's Eve. And later--I worked Christmas
and then I was put on the schedule to work New Year's, after
working both. But a--a lesser senior Caucasian employer--
017
Q
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employee was given it off. And he didn't even--he did--he
hadn't worked Ch~istmas. And the reason I was told when I
asked, he said well, he's young, you know, they like to party,
you know, kick it up on New Year's Day. You got a family, so,
you know, you not--you don't live that type of lifestyle.
All right. I understood you to state that your supervisor
believed--wanted to send you home because your supervisor
believed that you could not do your job without assistance.
Did you tell your supervisor that you needed assistance to
perform your worK on your last day?
A I told him that the amount of work, which was almost double
what I normally get, I was asking was I going to be given any
assistance on that night because the workload was twice as
large as it normally was. As inquired--it wasn't a question.
I--I was inquiring whether or not assistance was going to be
provided. And he stated that he was going--that I had my
chance to do my job, that he was going to get someone who
didn't take all night to get the job done and that I could go,
you know, clock out and go home. And he walked back and went
and took the resignation that I'd given him earlier and handed
it back to me, or notice of resignation, to rescind my
resignation.
Q All right. Why did you submit your notice to rescind your
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resignation?
A I have been contacted by a medical provider regarding a
previous medical procedure to remove a abnormal growth from my
left nostril and I had been given medical advice to obtain
additional follow up treatment. So at that point I knew that I
needed to maintain my medical coverage and that was the grounds
for seeking to re--remain employ to maintain my medical
coverage.
Q And when were you diagnosed with your illness?
A Approximately--once my--let me see. I guess it would be July.
I went to the medical provider and had a--observed and then it
was re--a biopsy was done on it. And the follow up from that
indicated further medical treatment, follow up treatment needed
to be done to ensure that it was not cancerous.
Q All right. On January 7 were you aware that--that you had this
condition and that you needed further medical attention for
this condition?
A I was aware that I had it removed. I was not aware that--of
the results from the biopsy that was done until after I
submitted my resignation.
UNIDENTIFIED VOICE:
Excuse me. I'm sorry to interrupt. McKeever Enterprises has
arrived.
019
MS. NEAL:
That's fine.
UNIDENTIFIED VOICE:
Shall I send the representative in -
MS. NEAL:
Yes, ma'am.
UNIDENTIFIED VOICE:
- and have the witnesses take a seat?
MS. NEAL:
Yes, ma'am, that's fine. How are you?
MR. PROTZMAN:
I'm fine. How are you?
MS. NEAL:
Just fine. Have a seat on this side, sir. And what's your
name?
MR. PROTZMAN:
Steve Protzman.
MS. NEAL:
I need you to spell your last name.
MR. PROTZMAN:
P-r-o-t-z-m-a-n.
MS. NEAL:
And what's your title, sir?
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020
MR. PROTZMAN:
Store Director.
MS. NEAL:
All right, and I'm understanding you have some witnesses?
MR. PROTZMAN:
We do.
MS. NEAL:
Who are your witnesses?
MR. PROTZMAN:
Kaleb Rawlins, K-a-1-e-b, R-a-w-1-i-n-s.
MS. NEAL:
I'm sorry, you said Robinson?
MR. PROTZMAN:
Rawlins.
MS. NEAL:
Rawlins.
MR. PROTZMAN:
A--R-a-w-1-i-n-s.
MS. NEAL:
All right. Anyone else?
MR. PROTZMAN:
And Rocky Erwin, E-r-y--w-i-n.
MS. NEAL:
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021
Anyone else?
MR. PROTZMAN:
That's it.
MS. NEAL:
All right. And Mr. Protzman, is your position a full-time
position?
MR. PROTZMAN:
It is.
MS. NEAL:
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Let me verify the employer's mailing address with you before we
go further. We have the employer's mailing address as 4216
South Hooker Drive, Suite 100, Independence, Missouri, 64055.
Is that right?
MR. PROTZMAN:
Yes.
MS. NEAL:
All right. All right. We're at the point in the proceeding
where Mr. McKinzy was providing his testimony, and to give you
a brief synopsis of testimony that he's given so far, I'm
understanding from Mr. McKinzy that his last day of work was
January 21, 2012. And on that day he submitted notice of his
intentions to rescind his resignation. And I'm understanding
that the notice ~o rescind was accepted and he was allowed to
022
23
work some. But when he inquired as to whether or not he would
receive help, he was told to go home if he could not do the job
without assistance and the supervisor, Mr. Erwin, I do believe,
Mr. Erwin then, at that time, went to the back, retrieved the
notice to rescind the resignation and gave it back to Mr.
McKinzy. I'm understanding that Mr. McKinzy originally
submitted his notice to resign from his employment on January
7, and in that notice approximately nine reasons, eight reasons
was listed as being his reasons for wanting to leave this work.
All right. And, Mr. McKinzy, did I restate your--your
testimony accurately?
MR. MCKINZY:
Yes.
MS. NEAL:
Q All right. And, let's see. All right, so I understand, sir,
that on January 7, 2012, you were aware, as your testimony has
been, of your medical condition and you believed that your
medical di--condition was not any type of a emergency condition
at that time.
MR. MCKINZY:
Is that right?
A That is correct.
Q All right. And, I'm sorry, you said you had the--the growth
removed, is -
023
24
A I -
Q - that right?
A - had a biopsy taken of it. Part--part of it was cut off and
sent for testing (unintelligible) testing.
Q And when did you receive the results of that test?
A About--it was about two days before, so it was like that
Thursday or Friday that I received call stating I should obtain
additional testing, follow up medical treatment concerning the
growth.
Q So on January 5, is that right?
A No, two--two days before I went in to try to rescind--I
rescinded--I gave the notice of resignation on a Saturday. So
Q Right, so -
A - it was like that Thursday.
Q The 19th?
A Yes.
Q January 19. All right. Let's go back to the reasons that you
listed for your--for originally submitting your resignation.
All right. I'm understanding--well, Mr. McKinzy, for the--the
eight reasons that you provided, did you speak with anyone in a
managerial sa--or supervisory capacity about your concerns
prior to submitted your resignation?
024
A I spoke to the headquarters where I faxed the resignation.
25
I
faxed them a copy, as I did my notice of resignation and my
notice to rescind, to the headquarters in Independence by fax
on -
Q And when did you originally speak with someone? It sounds like
a lot of the issues was with the supervisor, but above the
supervisor about your concerns?
A I spoke to--when my cha--my schedule had to be changed to
qualify for benefits, I spoke to the Assistant and--Assistant
Manager.
Q When did that occur?
A Pro--in November. My benefits began November 1, and I raised
concern because I was told that I would not qualify for
benefits, so my schedule was changed so that I would increase
my work hours so that I would then qualify for benefits. And
they went into effect the l 5 t. But I raised concerns about
being informed by Mr.--I keep referring to him as Rucker.
(Unintelligible) I guess his--his last name is Erwin. I'm not
sure where I got the Rucker from, but that's what I thought his
last name, that I would not qualify, as I or--was originally
scheduled to work 32 hours. That I would not qualify.
Q And, I'm sorry, did you speak with the Assistant Manager also
in November?
025
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A Yes, well, it was before November, and he altered my schedule
by allowing to work nine hours so that I would then qualify for
benefits.
MR. PROTZMAN:
Am I allowed to respond now or?
MS. NEAL:
Q No, sir. You'll have the opportunity to ask him questions in a
minute. All right, so other than speaking with the Assistant
Manager regarding your schedule change, did you speak with
anyone in authority about any of your other concerns?
MR. MCKINZY:
A I spoke when I re--when I was not given the scheduled day off
for New Year's I spoke to Mr. Erwin regarding having plans and
having to cancel plans after I was notified that I was
scheduled after I was not previously scheduled once I left
work. And he said he was sorry.
Q Did you speak with anyone above your immediate supervisor
regarding that concern?
A No, (unintelligible) my efforts or availability was to who was
on management when I arrived for work as far as addressing
concerns.
Q All right. So besides talking to the Assistant Manager
regarding the schedule change and your supervisor about having
026
to work New Year's Eve, did you speak with anyone else
regarding the eight concerns that you listed in your
resignation?
A Not that I can recall.
Q All right. What would--what were your work hours?
A My original work schedule was Sunday, Monday, Wednesday and
Friday, from 9:00 to 6:30.
Q Nine a.m.?
A No, p.m.
Q And what were the last hours that you were working?
27
A My original was 10:00 to 9:00. Then it was changed to--from
10:00 to six--10 p.m. to 6 a.m. and then it was changed from
9:00 to 6 a.m.
Q All right. So the last hours that you were working was from -
A Was 9:00 -
Q - nine p.m. to -
A Right.
Q - six-thirty?
A Yes.
Q Mr. McKinzy, was it possible for you to continue your
employment there while looking for other work?
A I was not seeking to replace work. I was seeking to retain my
employment there so I can maintain my benefits -
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28
Q Prior -
A - so I was -
Q Prior to submitting your resignation was it possible for you to
continue your employment there while seeking other work?
A It was possible with the--with the what I felt was the hostile
environment. It was allowable, but I was having to try to meet
my work expectation without provided the necessary training or
the work description of what my work entailed, what I was
responsible for.
Q Did you ever make anyone aware that you felt that you were
working in a hostile work environment?
A I con--I brought my concerns to him, to Mr. Rucker (SIC), as
far as the workload, of being required, expected to complete B
side and complete--assist on A side when there were other
coworkers that were seen pretty much being allowed to obtain
assistance from the cashier to do their work.
Q Did you ever directly let anyone in a supervisor or managerial
capacity know that you felt your work environment was hostile?
A I was speaking with Mr. Erwin and I spoke with--what's the new
-I didn't know him long enough. The new night supervisor
concerning the schedule of being misled that I qualify for
benefits and then was told later that I didn't, despite having
worked the 32 ho·1rs and being assured that I qualified for
028
benefits.
Q Did you ever directly state that you felt your--you were
working in a hostile work environment?
A Not that I can recall.
Q Mr. McKinzy, to your knowledge, does the employer have a--a
procedure for expressing complaints or grievances with the
work?
29
A I was provided--obtained a fax number and I faxed my reasons on
de--January 7 concerning my concerns to try to bring--put on
record the grounds why I was seeking to terminate my employment
and relationship with Price Chopper in hopes that an
investigation with some action would be ta--would be taken
between the time that I gave my notice.
or follow up was--was forthcoming.
But no investigation
Q All right. So you submitted your resignation in hopes that the
employer would launch an investigation?
A I submitted my resignation with the reasons for my--grounds for
my resignation at the same time.
Q All right. And again, back to the question I originally asked.
Does the employer have a po--a procedure that the employees are
expected to follow if they have any complaints or grievances?
A I was told by my original night supervisor, Steve Franklin, to
go through him, that the chain of command is to address your
029
30
night manager and then he would talk to the--the store manager
concerning any C)ncerns. That was the chain of command that
was laid out to me.
Q All right.
A That you spoke--you--you spoke to your immediate supervisor,
which was the night manager, and he conveyed your concerns and
got back with you on the issues you had.
Q All right. In that chain of command process that you're aware
of, did it also make provisions for going above the immediate
supervisor?
A I was not instructed, but I'm sure my attempt to go above that
was faxing my notice with the reasons for my resignation.
MS. NEAL:
All right. I think that's all the questions I have for you on
this issue, Mr. McKinzy. Mr. Protzman, do you have any
questions for Mr. McKinzy?
MR. PROTZMAN:
Q You were hired by Steve Franklin, right?
MR. MCKINZY:
A That is correct.
Q The former night manager?
A Yes.
Q And did he do your orientation?
030
A Orientation?
Q Give you your paperwork to fill out, give you an employee
handbook, give you -
31
A I believe he stated at the time that I was hired that he could
not locate those items and they will be forthcoming to me.
Q Okay. And were you part of an investigation of Steve Franklin?
A I'm not sure an investigation. I--I was interviewed.
Q Were you called into the Loss Prevention office by myself and
the Loss Prevention Director in a direct investigation of the
behavior and actions of Steve Franklin and his assistant, Lou?
A I was not aware there was a direct investigation of who was
involved. I was asking questions concerning the conditions of
my interaction with Mr. Franklin, yes.
Q And--and don't most of these issues that you've addressed in
your reasons for terminating your employment directly relate to
Steve Franklin, who we terminated because of his ha--behavior
and actions?
A No, when I submitted this notice of resignation my concerns and
issues--the only concern that I would relate to Steve Franklin
was the 32 hours being informed that I would qualify for
benefits. All the other grounds of the eight were directly
related to Mr. Erwin since his employment as night manager.
Q Wasn't Steve Franklin the one that hired you and trained you
031
32
then?
A I did not receive--he was the one who hired me, but I did not
receive any training from Steve Franklin.
Q No training at all?
A No. In fact, I made that mention the night that the
investigation of him that I had devised a way to learn how to
do my work by coming up a way system of learning house. And it
was stated by the female individual was that, but everyone's
expected to obtain training so that they can do the job.
Q Do you remember what the minimum cases per hour was stated to
you?
A I believe it was 50 cases per hour.
Q And did you put 250 cases an hour on your appeal? I just
wanted to clear that up that that's not-
A I believe that was a oversight or a--a -
Q Okay. Okay. So would you say that you are aware that we would
investigate inappropriate behavior based on the questions that
you were asked about Steve Franklin and Lou?
A When I was--my manner of bringing about is that Mr. Kevin White
informed me that he had sent information to corporate and that
ensued investigations. So I followed his lead by faxing my
concerns and reasons for me wanting to resign to corporate in
hope that a subsequent similar investigation would ensue.
032
33
MR. PROTZMAN:
I think that's all the questions I have.
MS. NEAL:
Just one second. All right. And, Mr. Protzman, was it your
intention to testify, sir?
MR. PROTZMAN:
Yes.
MS. NEAL:
All right. Then I'll take your testimony at this time.
stand and raise your right hand.
MS. NEAL:
STEVEN L. PROTZMAN, first being duly sworn, testified as follows:
Q Please state your full name and spell your last name.
MR. PROTZMAN:
A Steven L. Protzman, P-r-o-t-z-m-a-n.
Please
Q All right. And you are in a full-time managerial position with
the employer, correct?
A Yes.
Q What date do you show as being Mr. McKinzy's last day
performing work there?
A January 21, 2012.
Q Is the employer contending that Mr. McKinzy quit his work or
033
34
was discharged?
A Quit his work.
Q And who did he tell that he was quitting?
A He told Rocky Erwin and he informed the corporate office by fax
and then I was sent a copy of the fax from our corporate
office.
Q What reason did ~e provide as being his reason for wanting to
quit this work?
A I--I don't have the paperwork in front of me.
every single reason.
I don't remember
Q All right. Mr. Protzman, prior to receiving notice of Mr.
McKinzy's intent to quit, to your knowledge did he make anyone
in a managerial or supervisory capacity aware of any concerns
that he had with his employment or performing his work?
A I know he did to Steve Franklin, who was the former night
manager, and because of Michael's testimony or his answers to
the questions and several other employees, we let Mr. Franklin
and his assistant, Lou, go because of inappropriate behavior.
I am not aware of Michael letting anyone else know of these
reasons for his wanting to leave our employment. And as far as
being told that he was going to be eligible for insurance by
working 32 hours a week instead of 36 hours a week, it may be
possible that Steve Franklin told him that, but when Michael
034
35
was--when all--when all new employees are hired they're given a
handbook, and in the handbook it states that it is 36 hours a
week to be eligible for insurance. As far as any issues
brought to my attention about a hostile work environment or
Rocky being a racist or anything like that, nothing was ever
brought to my attention.
Q All right. Mr. Protzman, does the employer have a formal
procedure that your employees are expected to follow if they
believe they have some type of grievance or--or -
A We do.
Q - complaint?
A And that's also outlined in the handbook that they were to
report to their direct supervisor first. If they don't feel
like the issue has been resolved to their liking or if the
problem is with their direct supervisor, then they go to the
next person up, which would be Kaleb Rawlins, the grocery
manager. If he doesn't resolve it in the manner that he agreed
with, he could go to the store director, which is me, and then
finally he would go to the corporate office. That's the
procedure for all of our employees, to contact their direct
supervisor first and then if it's not resolved to their liking
then they just keep moving up the ladder.
Q Do you have any knowledge as to whether or not Mr. McKinzy
035
36
subsequently attempted to rescind his resignation?
A I was told by Rocky that he attempted to do that. At the time,
of course, we felt like some of Michael's--all of Michael's
claims were false on his reasons for leaving, so we had
decided--and we had already interviewed some people since we
had had two weeks. We knew we would be shorthanded. We had
already talked to somebody to replace Michael, so we decided at
that time we would just let him go, to finish out his two
weeks. A lot of times if we have problem employees that we
feel are problem employees and they give us a two-week notice,
that's--that's a--a convenience for us that they give us two
weeks to give us time to find somebody. And a lot of times
we'll just say we'll just part ways now. We won't--we won't
wait the two weeks. That was not the case with Michael. We
hadn't had any issues with him really and we decided to let him
finish out his two weeks while we looked for somebody to
replace him.
Q In his resignation letter did he specifically give the date
that he anticipated would be his last day?
A I believe so. I believe it was January 21.
MS. NEAL:
I don't have any other questions for you right at this moment.
Mr. McKinzy, would you like to ask Mr. Protzman any questions,
036
37
sir?
MR. MCKINZY:
Q You stated that on the previous investigation that entailed
investigating Steve Franklin that it was spurred from contact--
someone called me into corporate and raising concerns about the
activities?
A
MR. PROTZMAN:
I--I didn't bring that up. You did. I--I--I started the
investigation when Kevin White came directly to me and told me
he had a problem. And I contacted my supervisor. And Kevin,
at the same time, sent a letter to corporate office. So my
investigation was not started by the letter going to corporate.
That was started by Kevin coming to me and having a one-on-one
conversation about the issues he was having at work.
Q So there was still being notified--you did receive information
that you had--that they had received concerns or some
correspondence from him that was forwarded to you concerning
the conditions?
A I--I did, but it was the same--Michael--or Kevin brought that
same letter to me and I read it first, the handwritten letter,
and he had faxed a copy to the office.
Q Was that, in fact, also what occurred in--in my case, that I
faxed in also my notice of resignation?
037
38
A I--I wouldn't say it's exactly the same because you didn't talk
to me first. You--you faxed it directly to the corporate
office without speaking to me.
Q But you did receive the information?
A I received your le--resignation letter and the reasons for your
leaving I would say probably the day after it was faxed to the
corporate office.
Q So you were aware of the grounds or the concerns that were
being raised at that time?
A Yes.
Q Did you decide to inquire or did you take it upon yourself to
inquire or to follow up with--with me concerning those issues
that had been raised?
A I did not.
Q Did you feel they were grounds that were sufficient to -
A The reason--the main reason I did not contact you because most
of those issues deal with Steve Franklin, who had already been
terminated, not Rocky.
Q The taking acquired vacation did not occur until after Steve
Franklin had been terminated, so that would be involving the
(unintelligible) -
Q But do you know--do you remember why we did that? We did that
because you were short on your hours and unable to keep your
038
39
health benefits. You--she took your vacation time and used it
as work time wor~ed so you could keep your health benefits.
It's not like we just randomly took them. We applied that
vacation time to your time worked so you could keep your health
benefits.
Q In regards to the night--New Year's Day being scheduled off
upon leaving, being--schedule being changed and have to be
contacted by a coworker, was that appropriate company policy in
your -
A Well, our--our policy is we don't give anybody time off during
the holidays. And that's also in the handbook. And I
apologize for being late today. I apologize for not having my
paperwork. I have all your schedules. You--you state that
because you worked Christmas you were go--guaranteed to have
New Year's off. That--we don't--we--that's not our policy. We
don't give any time off. If you were scheduled off for
Christmas or--or New Year's, it just was the way the schedule
worked out. We -
Q So -
A We don't promise anybody time off during the holidays cause in
a retail business that's when we're the busiest.
Q So if your--if a night manager gives that protocol and informs
you to get an employee to work with the understanding that that
039
40
will be--everyone else is allowed -
A I can't speak for Rocky, but I can tell you what he told me and
it's--it's that you were scheduled off and then someone else
called in sick and Kevin White called you and asked if you
would come help and you voluntarily came in and helped.
Q So the fact that I was placed on the schedule, had I not came
in, it would have been a--a disciplinary action?
A Do you have a copy of your schedule to prove that you were
scheduled that day?
MS. NEAL:
And--and, Mr. Protzman, this is Mr. McKinzy's opportunity to
ask you questions.
MR. PROTZMAN:
Okay, that's fine.
MS. NEAL:
And you'll be able to
MR. PROTZMAN:
Okay.
MS. NEAL:
- make -
MR. PROTZMAN:
That's fine.
MS. NEAL:
040
A
41
- statements in a moment, or--but right now I just need you -
MR. PROTZMAN:
I--I can't-
MS. NEAL:
- to respond -
MR. PROTZMAN:
I can't -
MS. NEAL:
- to his questions.
MR. PROTZMAN:
I can't speak for Rocky. I don't--I just know that's not our
policy. Whether it's a night stocker or a sacker or a checker
or anybody, we don't--that's not our policy to--to give time
off during the holidays. If it works out that way, if we've
got enough help otherwise, we do. Otherwise, that's when we're
the busiest and that's when everybody has to work.
MR. MCKINZY:
Q And the reasons for my resignation, I did request that I had
not been provided a job description. You could have, after
being made aware that I was seeking or requesting a job
description, provided me as a night stacker with that job
description if you had chose to do so at that time after
receiving the request in my notice? Is there--does a job
041
description exist for the night stocker?
MS. NEAL:
It sounds like you asked a compound question.
MR. MCKINZY:
Okay.
MS. NEAL:
Let's let him answer the first part -
MR. MCKINZY:
Okay.
MS. NEAL:
- and then you can go into the second part.
MR. PROTZMAN:
Okay, repeat that first part, please.
MR. MCKINZY:
42
Q Does a job description exist for night stocker for the Store
300?
MR. PROTZMAN:
A I--I don't have a written job description, no.
Q Okay.
A Therefore, when you asked for a written job description, we--we
actually don't have one. We explain it to everyone when
they're hired what the requirements are, what we expect, and
then when people have been there for a certain number of months
042
43
and we do their evaluations we--we do an evaluation and we tell
them what--if they're meeting their goals or not and the six-
point evaluation.
I don't have that.
But as far as a written job description, I--
Q As far as the absentee and tardy, is there a universal tardy
policy that--or is it a discretionary application or is there
one held to same center on arriving late or on time?
A Well, there's--there's a written policy that it's--it's
basically up to the manager's discretion. It's--in--when--when
I reprimand somebody for tardies or absences it's based on how
long they've been there, if they've made it through their 90-
day probationary period and their--their previous performance.
So if someone comes in and does a great job and then has a--an
emergency or illness that they need to be off for, generally
I'll allow it. I'll--sometimes I'll ask for a doctor's note if
you're so sick you can't come to work and you feel like you
need to go to the doctor, please bring me a copy of that
doctor's note so I know that's how ill you were. But it's--
it's up to the manager's discretion. A--absences are a little
bit different than tardies. If you don't come in and you don't
call and you do a no-call, no-show, nine times out of ten
that's gonna be a automatic termination. Again, that's up to
the manager's discretion based on the situation and--and the
043
44
employee's performance.
MR. MCKINZY:
I have no further questions.
MS. NEAL:
All right. It sounds like from the testimony that's gone forth
that Mr. Erwin is a material witness. What can Mr. Rawlins
testify to?
MR. MCKINZY:
He was part of the conversation with Michael and Rocky
regarding the fact that we wanted to make sure Michael kept his
benefits, so we were changing his schedule from an eight-hour
shift to a nine-hour shift so he could get the 36 hours
required to keep his benefits. And Kaleb was in on that
conversation.
MS. NEAL:
All right. I'm going to step out and call Mr. Erwin at this
time. How are you, sir?
MR. ERWIN:
Pretty good.
MS. NEAL:
I'm gonna need you to take the seat next to Mr. Protzman, but
before you sit down I would like to swear you in. My name is
Martha Neal and I'm presiding over Mr. McKinzy's hearing. And
044
if you will, raise your right hand, please.
MS. NEAL:
ROCKY DEAN ERWIN, first being duly sworn, testified as follows:
Q Please state your full name and have a seat, sir.
MR. ERWIN:
A Rocky Dean Erwin.
45
Q All right. And to let you know, the little MP3 player in the
middle of the table, that's our recorder and official record.
You should be able to speak in your normal voice, but if I
think you're not speaking loud enough I may ask you to speak
just a little louder.
A Sure.
Q All right. And, sir, what's your title?
A I'm Night Manager.
Q All right. And, Mr. Erwin, I'm understanding that you were Mr.
McKinzy's immediate supervisor. Is that right, sir -
A Yes.
Q - at the end of his employment?
A Uh-huh.
Q All right. And, Mr. Erwin, I'm understanding that January 21,
2012, was Mr. McKinzy's last day actually coming in for work.
Is that right, sir?
045
46
A Yeah, he'd given a two-week notice.
Q All right. And was that the last day he actually showed up?
A That was his last day, yes.
Q Were you at work on that day?
A Yes.
Q And did you see Mr. McKinzy that day?
A Yes, I did.
Q If you will, can you state for the record all that you can
recall that occurred between your interaction with Mr. McKinzy
on his very last day?
A He came in to work. It was supposed to be his last day and he
said he didn't want to quit, he wanted to keep his job but he
wanted special privileges. Wanted to keep his hours the same
as they were and not work Saturdays and just work four days a
week. And I--anJ I told him that I couldn't make those
promises to him cause schedules change, people go on vacation,
people are sick, holidays, etcetera. And with that I went back
to work and he came out there about an hour later and said to
accept his resignation and he was leaving. So he left.
Q All right. So when Mr. McKinzy showed up to work on his last
day and he made the statement that he wanted to rescind his
resignation, what was your response to his--his desire to
maintain his employment and not quit?
046
47
A Well, I told him he needed to talk to Steve, because Steve's
the store manager.
MS. NEAL:
Mr. Protzman, do you have any questions that you'd like to ask
Mr. Erwin?
MR. PROTZMAN:
Q Rocky, do we make any exceptions like that for anybody -
MR. ERWIN:
A No, we do not.
Q - when they come in and do demands -
A No.
Q - as far as--would--wouldn't all that have to go through me or
Aaron (ph.sp.) McCue (ph.sp.) -
A It'd -
Q - one of the owners?
A - have to be approved by you.
Q Do--do we ever guarantee anybody any certain days off?
A No, sir, we do not.
Q What's the reason for that?
A Holidays, people being on vacation or people are sick or ill.
Q When--when are we the busiest?
A On Saturdays and Sundays.
MR. PROTZMAN:
047
That's all.
MS. NEAL:
All right. Mr. McKinzy, any questions for Mr. Erwin?
MR. MCKINZY:
48
Yes. On the night that--January 21, I pro--provided you with a
written notice of rescinding my notice of resignation.
MS. NEAL:
So what's your question?
MR. MCKINZY:
Q Did I prese--did I provide you with a envelope contain notice
of rescinding my request for resignation?
MR. ERWIN:
A You gave me a letter, but you took it back when you left.
Q Okay, but you handed it back or where were--where were you at
the time that you stated that I left? What was the events that
occurred that you stated I left?
A You came out there and you said accept my resignation and
wanted your letter back and I gave it to you and you left.
Q Okay. So the fact that I--what was the grounds that I stated
that I wanted to rescind my notice of resignation?
A I don't really know anything about that. You just said that
you wanted to keep your job and I told you and then you asked
for special privileges and I told you I could not promise you
048
49
special privileges.
Q I did not make specific statements of needing to maintain my
medical benefits due to an abnormal growth that I was told to
obtain additional medical treatment?
A No, you didn't say anything about any medical problems.
MR. MCKINZY:
No further questions.
MS. NEAL:
All right. And, Mr. Protzman, do you believe Mr. Rawlins'
testimony's still needed?
MR. PROTZMAN:
Probably not, no.
MS. NEAL:
All right. Mr. McKinzy, did you bring any other evidence that
you would like to offer for the record today?
MR. MCKINZY:
Yes, I did.
MS. NEAL:
Are--is -
MR. MCKINZY:
- that I -
MS. NEAL:
I have my completed affidavit -
Are you referring to something that's contained in the
049
Division's exhibit?
MR. MCKINZY:
No, these are act--actual affidavits that were obtained or
actually done af~er receiving notice of today's hearing.
MS. NEAL:
All right. Do you have copies?
MR. MCKINZY:
Yes.
MS. NEAL:
50
Q All right. Thank you. All right. Give me a description of
the documents that you're wanting to admit.
MR. MCKINZY:
A This is a documentation substantiating having faxed my notice
of resignation in to Price Chopper's headquarters with the
verification of when it was faxed and also on -
Q And, Mr. McKinzy, that doesn't sound like that's something
that's in dispute, that you faxed the notice of your
resignation to corporate office.
A This is substantiating--states that--it gives the grounds that
I was giving that it was due to medical reasons that I was
choosing to rescind my notice of resignation, that it was
stated in the -
Q All right. You have one document, one page of a document
050
51
labeled exhibit a. And what exactly is exhibit a?
A That is a affidavit stating the grounds that I had submitted
to--for resigning at the time-
Q All right.
A - on January 2.
Q All right. And this is a one-page document, is that right?
A Yes, it is.
MS. NEAL:
All right. I'll mark this one-page document as Claimant's
Exhibit 1 -
(Claimant's Exhibit 1, No. 12-05118, marked for identification)
-as it does appear as if it's material because it's the
reasons you listed for wanting to leave this work, leave your
employment. Mr. Protzman, any objections to Claimant's Exhibit
1 being admitted?
MR. PROTZMAN:
No.
MS. NEAL:
Q Claimant's Exhibit 1 is admitted. All right. And
MR. MCKINZY:
A I think that -
Q You have another document, the Application for Review, marked
exhibit b?
051
52
A Yes.
Q And what were you wanting to offer that to show?
A That's the statement giving the grounds that I had stated,
reasons for rescinding my notice of resignation on January 21.
Q And you've given testimony regarding that and your verbal
testimony is the best evidence concerning that, so there's no
need to -
A As I've documented, I wish to be submitted into evidence
stating that I did not quit.
Q Right, and that's the purpose of the hearing and you put that
in your appeal letter. And the fact that that was constructed
after your separation from work is further evidence that it's
not material as to why you were separated from work.
A Well, I want to object in--on the record and request that it be
submitted, but if the objection is overruled, I would seek
further appeal so if we do get it included in the further
hearing. But I wish to have exhibit a and exhibit b submitted.
Q All right.
A Those are all one exhibit.
Q What you labeled as exhibit a I've marked as Claimant's Exhibit
1. And Claimant's Exhibit 1 is admitted. All right. And what
you referred to and labeled as exhibit b, what I'm saying is
your verbal testimony is the best evidence and you've given
052
53
your ver--verbal testimony regarding your reason for rescinding
your resignation.
A Okay.
Q And this documen~ is not gonna make your testimony weigh any
more.
A Okay. Okay.
Q So receive it or not, it's not gonna make what you said more
important.
A Okay.
Q And what you said is weightier than what's on this document.
A Okay.
Q All right. Do you have any other evidence, sir?
A No, that's it.
MS. NEAL:
All right. And, Mr. Protzman, do you have any--any other
evidence you brought that you want to offer?
MR. PROTZMAN:
No, ma'am.
MS. NEAL:
Q All right. Then, Mr. McKinzy, we're now at the point of the
hearing that if you have--if you would like to make additional
statements or comments, anything else that you feel I need to
know regarding your separation from work but you have not had
053
an opportunity to tell me, now is your opportunity.
MR. MCKINZY:
54
A I have no further statements other than to state that I did not
quit my employment. That I chose to maintain my employment
with Price Choppers due to my need to maintain medical coverage
and receive additional medical treatment from an abnormal
growth removed from my nes--left nostril on medical advice.
MS. NEAL:
Q All right, that concludes your statement, Mr. McKinzy. Mr.
Protzman, we're now at the point in the hearing, sir, that if
you care to make additional statements, comments, anything else
you feel I need to know, now is your opportunity.
MR. PROTZMAN:
A I don't have any other statements.
Q All right. Well, that means that unless the--unless you care
to give a closing. Do you care to give a closing -
A No.
MS. NEAL:
-or summary? All right. Then that means that we're at the
point in the hearing that I need to restate what I said at the
very beginning, which you did not hear, Mr. Protzman, but a
copy of the decision where the employer is an interested party
will be forwarded to the address that I verified with you just
054
55
as soon as I can get it prepared. And, Mr. McKinzy, of course
you will receive a copy of that decision as well. Mr. McKinzy
has a second appeal with me and at this time, Mr. Protzman,
you're free to leave or you may remain in the room. That's up
to you.
MR. PROTZMAN:
A second appeal?
MS. NEAL:
Yes, sir, that -
MR. PROTZMAN:
For the same -
MS. NEAL:
- does not concern the employer.
MR. PROTZMAN:
Okay.
MS. NEAL:
Where the employer's not an interested party.
MR. PROTZMAN:
Okay.
MS. NEAL:
But, again, you're free to stay if you care to or you're free
to leave.
MR. PROTZMAN:
055
Okay.
MS. NEAL:
All right.
MR. PROTZMAN:
Are both of us free to leave?
MS. NEAL:
Yes, uh-huh.
MR. PROTZMAN:
Okay, thank you very much.
MS. NEAL:
Thank you.
MR. PROTZMAN:
Thank you.
MS. NEAL:
56
Q All right, Mr. McKinzy, from this point forward I'll ask you
questions regarding your benefit year beginning date and I need
to remind you that you're still under oath for this portion of
the proceeding, as well. All right. Mr. McKinzy, on--in that
second packet, if you look at the next to the last page you'll
find again a copy of the Notice of Initial Determination of
Status as an Insured Worker. And the--the Division is
contending that your benefit year beginning date is to begin on
February 5, 2012. And my first question for you, sir, and you
056
57
may have already answered it in the other--the testimony in the
other appeal, but what date did you last actually perform work
prior to filing your claim for unemployment benefits?
MR. MCKINZY:
A January 21, 2012.
Q All right. And what date are you requesting as your benefit
year beginning date?
A January 22, 2012.
Q And why are you requesting that date?
A Because that was the actual week that I submitted my
unemployment claim to Kansas unemployment, being the state that
I thought that I would be applying to. Subsequently was
informed that I needed to apply to the State of Missouri and I
was informed going by phone interview with the Missouri
unemployment that that would be modified, but due to the fact
that I have not been notified that a change has been made, I
pursued an appeal to ensure that I would get my proper start
claim year of--that I'm entitled to. I submitted a timely
claim during that week and should have been the wait week, is
my understanding. It was supposed to have been transferred to-
-from Kansas to Missouri because the store is located in Kansas
but pays his unemployment into Missouri and I was not aware of
that fact and inadvertently applied for unemployment in Kansas.
057
58
And after I addressed that issue, raised that issue, I was told
that it was being rectified or--or corrected, but I have not
been notified that it has been done. So--so I pursued an
appeal to ensure that it would be.
Q Excuse me. All right, let me look in your file, this
particular packe~. Just one second. All right, so Mr.
McKinzy, I'm understanding that you filed your claim the week
ending or--not--and I don't have a calendar with me, but on
January 22, the week of January 22, 2012, in--with the
Division's equivalent in the State of Kansas. When exactly did
you learn that Missouri was--is the state where your wages were
being reported?
A Approximately two weeks later, after I was expecting something
Q
from the Kansas. I called in and I was informed over the
phone, and on that same date I filed my mis--claim in Missouri
for unemployment.
All right. I don't have any other questions for you.
Therefore, sir, if you have any other evidence you'd like to
offer on this second issue or if you'd like to make additional
statements and comments before we conclude the hearing on the
second issue, now is your opportunity.
A I do not choose to do so.
MS. NEAL:
058
59
All right. Then I need to restate again that copies of both
decisions will be forwarded to the address that I verified with
you just as soon as I can get them prepared. At this point,
the hearing's concluded and we are off the record.
(HEARING ADJOURNED)
059
60
I, Judith G. Johnston, hereby certify that the foregoing
transcript of the testimony and proceedings had in the hearing of:
Appeal No. 12-05118 R-A Appeal No. 12-05783 R-A
In the Matter of the Claim of MICHAEL MCKINZY S. S. No. -1848
Appeal filed by:
MICHAEL MCKINZY, Claimant
was typed by me from the original digital recording of the hearing
which was provided by the Division of Employment Security.
I further certify that Claimant's Exhibit 1 and Division's
Exhibit 1 in Appeal Number 12-05118 and Division's Exhibit 2 in Appeal
Number 12-05783 were identified and introduced in evidence at said
hearing.
Dated at St. Joseph, Missouri this 24th day of April 2012.
Claimant's Exhibit(s) Employer's Exhibit(s) Division's Exhibit(s}
, hereby certify that
is/are attached to the original copy of this transcript.
Dated at Jefferson City, Missouri, this,(".{ day of---r,,/11'--''-'cJ"-('1-----•• 9-o/e.Z.
060
STATE OF MISSOURI
COUNTY OF COLE
) ) ss. )
PRIMJ PA~KET
CLAIMANT: MICHAEL MCKINZY SOCIAL SECURITY NO.: -1848
APPEAL NO: 12-05118
I, Cassie Peterson, as part of my delegated duties as an employee of the Division of Employment
Security (DES), hereby certify that the attached are originals or true copies of the DES records,
which pursuant to law were made or received and retained on file and of record in the DES office
in Jefferson City, Missouri as provided in Sections 288.360.1 and 288.220.4 of the Missouri
Revised Statutes.
Appeals Clerk
IMPORTANT NOTICE These documents will be made an exhibit at the hearing. You must have this packet with you at the time of the hearing.
Your failure to have this packet with you at the time of hearing will not constitute grounds to exclude these documents from the hearing record or to grant a postponement of the hearing.
DO NOT SEPARATE THESE MATERIALS.
IAODES-4430 (04·11) Appeals
\ 061
BEFORE THE APPEALS TRIBUNAL DIVISION OF EMPLOYMENT SECURITY
MISSOURI DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS JEFFERSON CITY, MISSOURI
NOTICE OF APPEAL TO APPEALS TRIBUNAL
1. In the Matter of the Claim of
Social Security No.: -1848
Name: MICHAEL MCKINZY
Address: 8948 BLUEJACKET 1110
OVERLAND PARK KS 66214
Phone: 816-778-6417
7. Employer: MCKEEVER ENTERPRISES,
INC. Address: STE 100
Phone:
4216 S HOCKER DR INDEPENDENCE MO 64055
816-759-3712
2. APPEAL NO.: 12-05118 R-A
3. ISSUE NO.: 201
4. BenefitYearBeginning: 02-05-12
5. Date of Determination: 02-27-12
6. Appeal Filed By: Claimant
8. Deputy's determination being appealed: THE CLAIMANT IS DISQUALIFIED FROM 02/05/12 BECAUSE THE CLAIMANT LEFT WORK WITH THE ABOVE EMPLOYER VOLUNTARILY WITHOUT GOOD CAUSE ATTRIBUTABLE TO HIS WORK OR EMPLOYER ON 01/21/12.
9. I appeal this determination because: SEE ATTACHED.
10. Clm Atty: 11. Emp Atty: Address: Address:
Phone: Unknown Phone: Unknown
INFORMATION FOR CLAIMANT: You should continue to file your weekly certifications (claims) while your appeal is pending, unless you have returned to work full time.
12. Appeal filed: 02-29-12 Received in Local Office
By: LAURA PAYTON
MODES·L·1 (08·11)
App~ 062
02/29/2012 17:08 . 9136427260 OVERLAND PARK WFDC
MISSOURI DEPARTMENT OF LABOR AND INDUSTRIAL RELAftONS DMSION 0~ El'JPl.OYIVENT SECURITY
uPending Issue, QuGstionnaite- DISCHARGEfSUSPENSJON Employment Separation Information Request
NmnQ; HICHAEL MCKINZV SSN: -1840
BYB Date: 02·05-12 Issue No. 201
Oat& Mailed: 02- 09-12 Claim Type: REG
111111111111 m1111111~111111 m11111 111111~ llllllllllllllllllllllllllllllltllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll 80960 8~BZOl?.Ol05120l
Pto\Jide infonnation on your separation from MCKEEVER 1 S PRICE CHOPPER ·
PAGE 02/ 02 2
DE:tte sep~rated Typo of work perfonnad . . · .. . . · ... . Rato of pay rull name and title of l'Our superviS¢t . .. . . . , . .. .. . . . . . . ·-·.. . . .. . - . Ccrte employmert started Emr>loyer's phone number----.;.;. ".......,;· · ·.......:...· _;..· ........ ~......;.;..._..;..;.;..· ... ......_, '--'--' . _ Dllys Md hours you worked during 1'2 nt1rrm1l work week~-~-~--~-___...;.-Address of your· job !lite _____ ~-~--___._· ..-...· . ..-.:.-· ·-· ·----.:....--..-.....---
I, Ml~llel L.r1Jl~~y f~u.e~-bb0 prov~d vv 11-h my i\~hl +o a r1 't-A-9erGor1 \-teq~n~ ·. ( ~qt/J~ -\-he c; \oov~ t()rmer e>Yl'!pby~ (Yk ~ eeverG Vruc e:C'vltfPer; \tt 1/Jt ~ y worked) 1c;VJu~ry ~~ :lDt~.
!f!k IM\P 0 :?. 1'01?
I 1 'P-tq S reb (W:( y ~1J IO I :L
State of Misso uri 5737519730 02/29/2012 04:09PM Pg 02/02
063
02/29/?012 17: 08 9136427260 OVERLAt-lD PARK WFDC
PAGE 01 / 02 1
WORKFORCE l'AR'rNERSHlP JOHI>SO H • L!;,l.VENW ORTH • WVANDOT'rE
i) KANSAS WORKS
FAX
rod)\~. o& l't\Of>VIl~l¢~ From:, fniJl4J£1'rJrKio?!}Sr Fax#:,( 673) 7'6 1-9 7 ?JJ Pages:L{Including cover sheet)
Phone n: \~\b) 7n~,4l7 Date: Ff1rwvy)}.tol~
Comments: Not\c,~ ot RU[~ e;d- {ur ln-per6o~ ~ ear\f\0 re;gqrcliV\9 ISSL~0No.;<o1 i\'\Vo\V11'19 fllJ~ focmer employ~ . Me~ ee;V e!'b fri c. C ~o fP et; my ]GlJ okt Wrfked) 1 ClY\r.tctfj' ~t 'JOi~
{'(UJ;J lfllo~h f ( ~q/ 'JO/P.. ; 1, ·eEl ·I ·.
M/-\R 0 ~ 2012
State of Misso uri 5737519730 02/ 29 / 2012 04: 09PM Pg 01/02
1
I I I
064
02/29/2012 17: 08 91364272"6::::-0 -------;::0;-;;:;:VER;;-:cLANc;;c-D =PAR;:;;-K ;-;;:;:WFD;::;-C --~ PAGE 01/02
WORKFORCE PARTNERSHIP JOHNSON • L~AVENWORTH • WVANEICTTE
~KANSAS WORKS
FAX
comm'"'" Nof~~~ of Pelj~~~.far In-p~rso~ ~ U(\f\9 \9qrq1V1_9lSsrA~No.)D1 i\'\Vo\Vn19 f'rlY foM1et emplvy~ Mc~e;eVetCE> rr~c.Cnopper; mJI )titJ~, worked) I CiYl~qr ~t '2ol~
{fl;JJ (f/0~1 ?.! ~q 1201?-
State of Missouri 5737519730 02/29/2012 04:09PM Pg 01/02
065
02/29/2012 17:08 9136427260 OVERLAND PARK WFDC
DIVISION OF El'IPLOYI'IENTSECURITY . . . . . . . • @ MISSOURI DePARTl'llENT OF LABOR AND INDUSTRIAL RElA'f'tONS
"Pending Issue" Questionnaire~ DISCHARGE/SUSPENSION Employment Separation Information Request
Nmne:M!CHAEL MCKINZV SSN: -1848
BYB Date: 02-05-12 Issue No. 201
OateiV!aiiBd: 02-09-12 Claim Type; REG
111111111111 Wlllllll m1~ 1111~11111111111~ 11m IIIII IIIII 1111111111111111111111111 IIIII IIIII m IIIII 111/lllllllllllllllllllll 1111111111111 b096D 1~~B20l~C~OS12Dl
Pro '<ide lnfonnation on yollr$Qparation from MCKEEVER'S PRICE CHOPPEJI
PAGE 02/02
Date separated Typ~ of work perfonned---:---~--"-'-· =· . ..._. :.....· =-Rate of pay f'ull name and title of your supervisor;-· ---'-"''""""-'-'~~"'"--'--"· -=•· '"-""' ·~· ~ Date employment started ~mpfoyer's phone number Days ll!ld hours you worked during a normcl workweek ______ ~-~--'--Address of your job !Site-------------"'-'-'--'-.;.;_._--'-'----......-
_ Jfahce: DJ Reqoted-k 1r)-e~., "earlr-g Rerrdi{)S 1 ss~e No. d.~i
I 7 {YhchGel C.rf~zy f~Vte~ -k b0 prov~ed 1/V 1-lt! my X\qhl +o a r1 'If\-per>on \bi 111~ (egad~.~ -\-h0 c; VJov~ :V()rmer 6t1lpbyer; fYI~ ~ eever&> Vrac eCVloppet; \ei ~t c1; y worked) 1~Vlu~ry ~~:tot~.
5, reo r111qr y ~jJ lo I~
State of Missouri 5737519730 02/29/2012 04:09PM Pg 02/02
066
\
---· 02/13/2012 15:51 9136427260 OVERLAND PARK WFDC
. . MIS$0VRII:IePARll'lmNT Ol'l.ABOR AND IHDVSTR.IAL RELATIONS . ., DIVltliON OF EIII'LOYII'ENTil!!CURITY ~ "Pending Issue!;' Questionnaire- OlSCHARGEiSUSPEN$ibN \V Employment Separation Information RequtJ$t ·
Name: MICHAE'L MCKINZY SSN: -1848
BYB Date: 02-05-12 ISSUe No. 201
Datil Maili'ui: 02-d9-i2 Clailii lypil: RE/3
llllllllllllllllllllllllllllllllllllltlllll~~ 1111111m 11111111111111111111 ~llllllllllllllllllllllllllllllllllllll m~ ~m ~m 111111~11m so9GD lS1aeot2o?.oS12Dl
PAGE 02/03
lfytm have worl<ed after 01-21-12 and have earned at feast $1272, t)li sinM thi~ date, iliJrlti lilprbtlt of wages, if available, ORIGINAL DOCUMENTB CANNOT BE RETUIIttED. Pi.~EsENi) CDPIEli ONI. yf .
Were you ~charg e and Tiilel N' f a The reason givan WI'\S
Do you agree you did wh..t your employer said you wer• distharged or s\Jspended ior1 ~" 0 No Jain why you agte,e or disagr e w,lt~ yo!¥ employers stateme ,
~~~~~~~~~~~~eJ~~~~~~~~~~~~~~~==~~~~~o~r
&e the b"clt of lhfs que!llil>lln"lre. In .. ~ilion to the above !nfoi'nl"llt1n1 I;Offipielil >illy ijUI!l>ti6H!I on lhe back of this qu8!1tlonnalre tbat <apply to your ""parotl!ul frlitn lhla elnpiliyat.
B·il!!li.O 1H·10J lJ.I.Pra.
State of Missouri 5737519730 02/13/2012 02:51PM Pg 02/03
067
02/13/2012 15:51 9136427260 OVERLAND PARK WFDC PAGE 03/03
NAME: MICHAEL MCKIHZV SSN: -1848 BYB: 02-05-12 ISSUE NO.: 201
were you disch~ r9r ~j.ttendance reasons (absent, tardy, missing work, leaving work, leaving early, etc.)? 0 res ~Nat.( I¢{ (~1~1'!-PL . . . If "Yes," I!Xplain company policy regarding attendance on the front of thi•for.;,, in th" q~estion regarding company policy, Attach a copy or the attendance policy if It Is avall.a~.le ~o you, . . .•..
If you weredlschargtid for attendimc$ reasons, please ilst below each time yoll were absent, tardy, etc. dUring the' three months ptfor tO yOUr dismissal. . .. . . . .
Date absenti ' ' o:Jieilime yoi.t ' '.R~ason for missing work (sick, car Ni!mUnd till11 of the p~rsoii'to· tardy (month, . . ~p~rted the . . . trouble, overslept, child care or Whom )IOU reportlld thG absence, d!ly, & year). absence. other. person<~l reason11, etc.). tardy, etc.
!} 1/Q....-. ---~,....-..-~ -,_----: -_-.,fL-~~o::= ,t-1.-~.l_J.~--_ _... _____ _ 1:11<! you tell your employor why you could not be ai ~~?~Yes 0 No When/what did you tall your employer? ___ ___,,_f'lbJY4/--'f-----------------
- .. ,_. .. . . ~Vf. .
Did your employer ask ror nny proofsupporting the reason for your absenct!? For example, documentation of medie<~l issues, <lute rapair. bills, or. slatem~nt from a. child cara provider •. 0 Yes D No . . . lf"Yes," d\d yo~ provide !lliif 'pr()O . . at sp....,ifically did you provida? Please s'and a copy of thai proof with this questionna,re:·_·. -Jf.I:,L-f-.'4"'----· __ . ----...,------~-:-----,------
Were you made aware of your employer'" polfcy regarding absences? 0 Yes 0 No If so, explain how you werl! madl! aware of the policy. __ . ---vfbv.'-.'tf-1 At-: 1-------------
RESPOND BY EITHER FAX. OR MAIL TO; I'AX (FRONT & BACK): 573-751·973D MAIL: DIVISION OF EMPLOYMENT SECURITY
P.O. BOX 3915 JEFFERSON CITY MO 65102
RESPOND PROMPTLY TO THE ADDRESS ABOVE OR BENEI'ITS MAY BE DELAYED OR. DENIED, If you have documents that support your ~nswers, please send copies with your reply to this quesllonnalra.
If your response Is received lll'ter a daterml nation Is made, It will not b" us&d as an appeal.
a-o9G-D-2 (11-10)
state of Missouri 5737519730 02/13/2012 02:51PM Pg 03/03
.. ~ 068
02/13/2012 15:51 9136427260 OVERLAND PARK WFDC
PAGE 01/03
WORKFORCE PARTNERSHIP JO!iNSDN • LEA.Vl:NWOFITH • WYANCOtTS
9KANSASWORKS
FAX To: mo £51'1. J t"'e\oyYWlt bWAI'\t;y
Fax#: (57'6) 761-'1730
From: f)J)c~t~d E.fYl ~~iVJ_;;~5r
Pages: ~ (Including cover sheet)
Date: t eh \~ 1 ~OJ~ Phone#: l\\~TIW-W/17
Comments: My C.l~mcli~1Gf.V1~J) ~IA~M/V1J(e-01'06~4tj0 (StA;'(Y20SlV'1
Smf\oymztl+ 5ert1fc;t ja 111 JdrJ-Jvl) ~~1.1~J. 1s~vte fVo, 1¢>1 C\4,-rJ TyfR: R £G.
1Yt1JaJ ~.IY/o~ ~ 1 ( !'6/roJ;z
State of Missouri 5737519730 02/13/2012 02:51PM Pg 01/03
069
· MIBSOURJ DEPARl1'/lllNT OF LABOR AND INDU$1RIAL Ri!i.AllONS · · · biVISION OF EMPLOYIVENT SECURITY
· ·• "Pending Issue;' Questionnaire:... DISCHARGEiSUSPENsioN .. Employment Separation Information Request · ·· · ·
,. - ... . . . . -- .. . . ..
Narmli'MiCHIIE.i. -·~Mi:K.INZV SSN: _18~8
BYB ·Date: OZ-05-12 •. ,,, Issue No.: 201 -· :
otit~ N!~lelkilz-i\9=12. ·- · .:. tialrt\ TYJ]B! REG ···
lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllfliUIIIr~llllll . ~- -.. _. ---- ... -B096D 18~8t01202051Z01
' .• , • • • • ' ,l ~-- . '. •• ' • -~
See the 1>11ck of lhfs questionnaire. In addition to the abi>ve.lnforiniotloii; .• cillii~ieli niiy questil!nii ·' on the back of this quBlltlonnalra that apply to your separatiDri from this einpiily&r; · · ·
s.il9ii.O !H-ioJ lJ.i.Ptg.
.. ·.
_, ______________ --+-" 070
MCKINZV . -~·. SS_N: -lB~B ... :J BYB: 02-05cl2. ISSUE NO.:. •. . . · .. '- . If you
dates . ....L-kllc&..Q!JL\l).._l<!I~~,!J!JLt.,e..::\:ti~~~~~~LL!,.~L@iaqt..:iiJm~th..1l~f-Ji,W!<L;.t;..~
Old your employer ask for any proof supporting the reason lor your absence? For example, documentation of medic~) ~ss.u,es, 1!~\'?. reP,a[r1blll.s, 1'?f.,SJ'!I~!Jt~n~ frq,m,~.FhJid .c:,a.~!'.P.rovL\!er,,. 0;-(~s 0 ~.o, ,. , .,,, ,, ,., '" .. , , 1 lf"Yes "'did 'au· 'tovid&'tli~f 'roo h' 'w!lal's '&itic'~ll"'did ou' 'roilida? Please send a'co. ofthirl'_' .. ~
f 'it'h''th' Y1,. \f' P.,stt'"'""':''=' ~:-·1 •t-: .~·-,.:to '\ tli r ·,. ·. ':.' rh~~'\.'.1'1 '.(f'o:i ~- \111 Yr • • ~"' l·_..;. t ~· ·, · J< ' :.· ~""' •. ) • '.>! ~¥f.,fjl,.1: • , · • ,~"] . . ,
proo w . .s.que. onna re• . . . , . • ;.•;.,_,:,.:.'dO.~ !..t·6·.J<:;Y~···~ .. ~u·· • ~, .. , .. ~···~ ~-, ....... -"'•· ,.., , .......... ~, ..... , .... , ",_,...," ,,\ YL
Were you made aware of your employer's policy regarding absences? .. El Yes 0 No· - · · · 11 so, explain how y.o~ wera,m_ade aware of the pollc~;~--... ·.·_ .' "fJ1A -~~- ... . -·- .. ··
-··' '- ' I . "• ~ ~ '
RESPOND BY EITHER FAX OR MAll; TO: .. FAX (FRONT·& BACK): 573-751-9730-- ·
\ ~ i
MAIL:
r·.~, ·•· .. '' ' : .:.!.: ': ·,·;r).
DIVISION 'oF EMPLOYMENT si;:cuRirv ·. · P.O. BOX 3S15 · · · · ..... - ... · -- ·
·-JEFFERSON CITY MO 85102 •
RESPOND.PROMPiiYTci THE ADDRESS ABOVE OR BeNEFITS MAY ae oei.AYEC Citi DENIED. If you have docume.nts that·~upport your answers, please.send copies with your reply to this questionnaire·.
If your response is received after a determination is made, It will not be used as an appeal.
B-096-D-2 (11·101
>•
• !
071
•' \
WORKFORCE PARTNERSHIP JOHNSON • LI!AVENWORTH • WYo\NDOTTE
~KANSAS WORKS
FAX
Commoot" (i\ y (\ ~ mdi f'5lG&~~ ~ ~ wdiooA<if ·-M~«J" I Su;'(""Gl "?
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1YlJk1 & fY!o~ 2n 7- (I?) roll--
072
02/28/2012 10:26 9136427260 OVERLAND PARK WFDC
. t , OlVlSION OF EI\'PLOYr."EIITSECURJiY . . . . . . . . , · ~J . "Pending Issue" Questionnaire- DISCHARGE/SUSPENSION
'@. · · MISSOURI DEI'ARTMENTOF LABOR ANO INDUSTRIAl RELATIONS
~.& Employment Separation Information Request
Narru>: MICHAEL MCKINZY SSN: -1648
BYB Date: 02-05-12 Issue No. 201
ilateMaiied: 02-d9~i2 Claim Type: REG
llllllllllllllllllllllllllllllllllllllllllllllllllll~lllllllllllllllllllllllllllllllllllllllllllllllllmllmllllllllflllll~ ~n lllilllilliil A096D ~16G82012020BlZ01 ·
Provide inftmnation on your separalior~ from MCKJ!EVER' S i'R!Cii: CHOPPER ..
PAGE 04/04
Date separated Typo of work performed____,------'-·-""''. ·="·····=····c.:..· .. ""-' ... ~. R<rte of p~y Full name ~nd title of your SVP'\Ir:vlstlf ,.,.. .. ·--'---"~= .. ·=··" =····="''""'"" . =··· --=···= .. """"' ·'"'""'"'" . Date employment started . · · · . Employer's phone number .. '-:-"""'" ~ ......... ··~· . ..,..= ..... '-"'" .. '="·'-"'' ·•·="' ·=···=". . Days and hours you worked during·a norri'ml workweek~·--·_. ~· --~---"-'~-"'-Address ofjrourjob site·,,.· .. · · ·. · :• · ·< .. · · ·· •. · .. : .. :,, .. ,.,._, ·: -.. : · · ·... ·
.· :·· ' --- , .....
State of Missouri 5737519730 02/28/2012 09:27AM Pg 04/04
.... -------- ----- /v \
073
02/28/2012 10:26 9136427260 OVERLAND PARI< 1\FDC PAGE 01/04
4 WORKFOI\.Cii l>AR.TNEJ:ISliJP JOiittiON • l!AV6NWORTH • 'NYA,.,boTTE
.KANSAS WORKS
FAX
To: 0'\V. 0~ mo Er)d~ 6etmzyFrom: (YljrJ,~d E. fYlttKJ~~y Fax#: l578) 75/~']?~ '7
. ........._"""""-..:...=--L!...;!fl!---~ Pages: 0 (Including cover sheet)
Phone#: ( ¥1~) ?lf~blft? Date: F~b 2~, Jo/)-;;
Common!" N~iC'-eS of Apftr1/ tor JR~; ttl~ N 0. ?- ~l c;nc} J ~ LI(!JfYo.. ''~
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------------·-··-
075
II"'-. ·•'s MICHAEL Social Security Issue II AL MCKINZY Number: : -1848 Number 201 BYB : 2/5/2012
Date of Deputy '
Statement: : 2/24/12 Initials: :MRK 6x/10x Source:
Type of Work Date of Action: Performed:
Name/Title of ~ ·FPay: :$ Foreman/Sup.
Length of Hours of\Vork Average Employment: (Day & week) Hom·s/Week
Addt·ess of Employer's Protest Work: Phone Number EXT Received XYES NO
Doing Business As Interested Party- Authority /or Client's Name Section 288.070.1
Claimant's II ;~:!:nant's : Primary Phone sage Phone : If none mark D Employer Acct. # for 6x/10x From To B096X B207 B246 B248 3250 Sent: XYES NO Received: XYES NO
CLAIMANT STATEMENT ------------------------------------- --------- -------------------- ------------------------------- ------------------------- ---- ---------------
Per t/c- There was not one specific final incident that made me make the decision to resign. I resigned because my night supervisor (Rocky) was racist. He was training white people who were hired after me and giving them less work. He piled the work on me and didn't train me like he did the white people. It was a very racist and hostile work environment. They even fired the African American night manager who was trying to correct the wrongs that had been done. They investigated him and then fired him. I believe that all of this is racially motivated and I have a lawyer. NO, I did not address my concerns with the corporate office until I sent in my resignation letter. I outlined all of these reasons in my "notice of resignation." I did address these concerns with the assistant night manager around Thanksgiving, but he never did anything about it. I had to rescind my resignation because I began to have some major health issues. I needed my medical insurance for testing and treatment. They wo.uld not let me rescind my resignation. DEPUTY'S REASON AND RATIONALE:
------- ---------------------------------------------------------------------------------------------------------------------------------------------The claimant indicated that he resigned because he believed his employer treated him unfairly. The claimant could not pinpoint a specific final incident that caused his decision to resign. The claimant stated that the work environment was "Hostile and racist" and things were beginning to pile up on him. The claimant did not address his concerns with the corporate office prior to resignation. Also, the claimant tried to later rescind his resignation so he could keep his health insurance. This would lead a reasonable person to believe that the work environment was at least somewhat tolerable. Since the work environment was somewhat tolerable, the claimant should have secured other employment before submitting his resignation. DQ -quit without addressing his concerns with highest authority or having cited a specific final incident
1426C-CLAIMANT STATEMENT -1848 MCKINZY 02-05-12 201
\(o 076
09:20 (FAX) P.0011004
MISSOURI DEPARTMENT OF LABOR ANO iNDUStAIAL RElATIONS
DtVISION OF EMPLOYMENT SECURITY
NOTICE TO BASE PERIOD EMPLOYER OF CLAIM FILED FOR 'UNEMPLOYMENT BENEFITS
DEN EMPLOYER: 422787-1-999-5411 MCKEEVER ENTERPRISES, INC. 4216 S HOCKER DR INDEPENDENCE MO 64055-4754
.llr1rl'"'l"'l••rlu""''"''''""'''''" '"'''"''''"''"'''
CLAIMANT NAME: MICHAEL MCKINZY SSN: -1848 BENEFIT YEAR BEGINNING DATE:02-05-12
DATE MAILED: 02'-09 .. 12
DIRECT niQU:tR:tES OR PROTEST TO:
MO DIV OF EMPLOYMENT SECURITY
~E~F~~~oJ9EiTY MO 6sib2 FAX (573) 751.:.2009
llllllllllllllllllllllllllllllll~lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllmllllllllllllll ~Z93 18482Dl202051
The claimant named above has filed a claim for uneiitpioyineri.t bi!hefi ts. Our records show you reported paying wages to the claimant during the base period of the claim. The wages for each calendar quarter thatour records show you reported are as follows: $0.00 qtr 4/10, .. $0.00 . qtr ljil ,
$0.00 qtr 2/11, $2522.25 qtr 3/11. YoUr acco\uit inay be sUbject to charges for benefits that may be paid. You can identify the claimant by ch'ecking the social security number against your payroll records, If the claimant name on this notice does not match your record; there may have been a name change or the spelling is different.
Benefits will be paid if the claimant is not disqualified •. If you have information which you believe may justify the deniai ·of betiefits; .it intist be reported in writing to the address above he later than 02-21-'12: I£ yoU send your protest by fax, it must be received by midri.ight Cehtrai Time on the date shown above, or it will be considered late. Use the revers~ side of .this form for filing your protest. If you are filing a protest using a company form or letterhead, this notice must be retliriu,.j. with yolir priOtesh
If you are protesting using your own form or letterhead; you lritist include your Missouri employer account number, the claimant's name and sociai security number on your protest, as well as the other ihfotmation requested on the reverse side of this form. Lack of work is not a teasoh to protest payment of be!lefits. A quit, discharge; stispehsioh; leave of absence, job refusal, labor dispute or payment such as holiday, vacation, W.A.R.N. pay or pension are some reasons to file a protest. Yeti may also file a protest if you have information the claimant is not physically able to work, available for work, or actiVely seeking work. You may be asked to furnish additional statements after the claimant information is received.
MODES-229j (03-06) i.J.i.PRG D1l.~-BICI HA
--over-~
State of Missouri 5737512009 02/14/2012 09:13AM Pg 01/0 077
02/14/2012 09:21
EMPLOYER: 422787-1-999-5411 MCKEEVER ENTERPRISES, INC. DATE MAILED: 02-09-12
(FAX)
CLAIMANT: M MCKINZY SSN: -1848 BYB.: 02-05-12
1111111111111111111111 1111 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111 111111111111111111 2293 848~0120205!
P.002/004
You may request to be notified if this claim is renewed at a later date. Any request for a subsequent notice must be in writing to the address shown on the front page.
If your only objection to this notice is that the amount of the wages report _____ on the front is incorrect, instead of sending the protest to the address on _____ the front, send it to: Mo Div of Employment Security, P 0 Box 3100, Jefferso
City Mo 65102, Attn: Benefits, no later than 02-21-12. Include documentation of the correct amount. If no objection to the wages used on the claim is made by the date above, the determination of benefit amount will be final.
If you have work available for this claimant, you may offer it at any time during the claimant's benefit year. Contact the Regional Claims Center serving your area or indicate on this form if you have work to offer.
File your protest in the space below and return it to the address shown on the reverse side. If you are filing a protest using a company form or letterhead, this notice must be returned with your protest. IF YOU FILE YOUR PROTEST BY FAX, DO NOT MAIL A CONFIRMATION (OR SECOND) COPY.
Missouri Employment Security law provides for a penalty for any employer who denies unemployment benefits by intentionally misrepresenting, misstating, or failing to disclose any material fact.
Please provide the name of the person .-..-.- ~ t1 :7'-'J,-.._ rww'b.<Oc· I H-..VH-<..v; ~'">""""""'t>
PRIN NAME AND TITLE
to contact for additional information.
( &lA. ) ~):)<;~ 311)-. TELEPHONE NUMBER
Type of work claimant performed: .Vj!.,J- .:>f'>t-fu,_v Rate of pay: ··"1', teo ~·.._ /..,_,_ Date claimant last worked: c.p/;1.9/7-oj:J... Date claimant separated from employer: D./r:J 1-:Jl.-oi;L · Specific reason for protesting: (If the reason for protesting is a discharge separation, include specific details regarding the discharge)
078
02/14/2012 09:22
01/07/2012 17:23 913-894-1991
January 7, 2012
Michael E. McKinzy, Sr. 3743 Flora Ave. Kansas City, Missouri 64109
McKeever's Price Chopper Corporate Office (Human Resource Dept.) 4216 S. Hocker Bldg. 9 Suite 100 Independence, Missouri 64055
(FAX) P.003/004
FEDEX OFFICE 0478 PAGE 02
RE: Notice of Resignation as Night Stocker at Store: 3oo; effect January 21, 2012 ·
Human Resources Dept. Director, ,,
Due to the ot:currence. of recent ev~nts, I find ltnecessarvte>,.J~or<'Jby:givm m·1l·two· · (2) weeks' notlr:(;':,ntrny resignation i'rom Jtqi p9sitton a~:> a.,Ni~htSt-:'lt:kerat .. stm.·e; . ·,.,, ··· 3. u· u- e.c.fPc;·.J~"'t'l''l'' · ..,. : ~P·.t'·" .. t ,J'""" t. ut. <::.1-f.;-~ ... t.l~··-~ .1.'.,.,_
Sincerely,
1J!tM~f!:,~~:#~Dl?-3743 Flora Ave. Kansas City, Missouri 64109 (816) 924-4671
...
3
State of Missouri 5737512009 02/14/201.:1 _09: 1-I.A1'1_Pg 03/08 079
02/1 4/2012 09:22
January 21, 2012
Michael E. McKinzy, Sr. 3743 Flora Ave. Kansas City, Missouri 64109
McKeever's Price Chopper Corporate Office (Human Resource Dept.) 4216 Hocker Bldg. 9 Suite 100 Independence, Missouri 64055
RE: Notice of Rescinding Notice of Resignation
Human Resource Dept. Director,
(FAX)
· ·· · ··I, Mit::hael E: McKinzy, Sr, hereby rescind my Notice of Resignation, due to my · ·needtomaintain.mymedical coverage to allow me to follow medical advice to
obtain additional testing.regarding the abnormal tissue growth located in my left nostril.
Sincerely,
~.~;::~'11~1 /Jol?-3743 Flora Ave. Kansas City, Missouri 64109 (816) 778-6417
P.004/004 4
State of Missouri 5737512009 02/14/2012 -----~----~~~~~
09: 13AM Pg_Q4/6f 080
HDPES·2084(02-07) U.J .Pt·g.
rtissouri Division of Employn1cnL Sccut'jt.y llepuly 1 s llelerminaLion Concenling Clnitn fo1· llenefjt.s
[lES -BIIt10ll C ( 02-07)
Elnoployet' 1 s llatne and l\clclress 1
MCKEEVER ENTERPRISES, INC. STE 100 4216 S HOCKER DR INDEPENDENCE MD 64055
Claimant 1 s Name and l\cldt·ess 1
MICHAEL MCKINZY 8948 BLUEJACKET 1110 OVERLAND PARK KS 66214
(!len)
S.S. llo. -1848 lRSue Ito. 201 1 .. 0. Uo. 555 llcllefit Yea.· Beginning llat.e of C) aim ....... 02/05/12 Elffecti ve !Jate of 1\enet~ccl Claim ....... , ..•. Employer !lo. 422787 llolifiecl CLMT, EMP
llale llet.e.-ndnat.ion HaHccl .. 02/27/12 lleput.y llanoe B ES3673
Office !.ocat.ion1 MO DIV OF EMPLOYMENT SECURITY JEFFERSON CITY MO PHONE: 816/889-3101 TOLL FREE: 800/320-2519
SECTION 288.050 RSMO, AS AMENDED, PROVIDES FOR DISQUALIFICATION IF THE CLAIMANT VOLUNTARILY QUIT WITHOUT GOOD CAUSE ATTRIBUTABLE TO THE WORK OR EMPLOYER, EVEN THOUGH THE CLAIMANT MAY HAVE HAD A GOOD PERSONAL REASON FOR LEAVING. SUCH DISQUALIFICATION CAN BE TERMINATED IF THE CLAIMANT EARNS TEN TIMES THE WEEKLY BENEFIT AMOUNT IN INSURED WORK AFTER THE DATE OF THE DISQUALIFYING QUIT.
I DETEIII1flfiiTTO!!i] THE CLAIMANT IS DISQUALIFIED FROM 02/05/12 BECAUSE THE CLAIMANT LEFT WORK WITH THE ABOVE EMPLOYER VOLUNTARILY WITHOUT GOOD CAUSE ATTRIBUTABLE TO HIS WORK OR EMPLOYER ON 01/21/12.
I IIEI\SOH I I THE CLAIMANT QUIT BECAUSE HE BELIEVES HIS EMPLOYER TREATED HIM UNFAIRLY. THE CLAIMANT DID NOT ADDRESS HIS CONCERNS WITH THE HIGHEST AUTHORITY PRIOR TO LEAVING.
(gAIHAHI 1flf6RHATIOII) A distiUl'llllflcntlnr\ f'ot" n dlschnrgc can be tertl!inntcd Jf you enrn &Jx. thtes YOlU' we"kly hPnefii. llf'IDunt in int.ured work after tho dail' of dlschili'Oe. ror Sl'pnrntlons occutring October· 1, 2006 ol l,.t~r·, Sf you f\1~ dlsrtunllfied an ll &tlhi!ittt)\lf!ht dischnrge 1 you Mlll b~ tPqulred to enrn 5h: Ur1cS thn Wr!'e~ly hro.nr-ftt nrm\11\{ In insured t/Dtk nf\4?1 i.ho dni.o of ~nr.h 5Uh&Pqut'nt dlsqunllfylng disch"'rgo. All oihur- dlsqunliflcnti<ms t'~;tn bo t .. l-t'linht('od Jf you ~n1t1 ten lihllS your HfH•I<Jy bt-n~fit h"'bunt Jt1 ifl!lUt&d Hotk ~fiel' ihe dnh of iho dlsqunlJ1'ylng S('flntntJon rH net,
Even lf this deten11int\Uon dt>nie-s bvn~rHs, YD1.1 Mi'IY $Ull ll!;~ th~ r·etohJllOYI'Il£1ht r.Nvic~s. offNrd in tfJBourl c-{''WN•rtettht" offJc:es loc:nted throughout thn sh.te.
D!MUfl'!At A19.!!JD If you helJeve thh dehntinnUon is inctlrtl"c\, you rmY fJh ~n flt>P~>t~l t1td. lntfo~~· ihFlh 03/28/12 lh@ hJltJPnl J'lt>tlod may, for good «".:1\lt!l&, be ex\il!'nded. If yout• ",pt"tt.l Is rli!.ldssed 1\S not tlt1cly fih·d, rm llfl,lPOl to tho disNJuttl rmy hll' f1Jpd ns ln!druetl!ld on tho dJs1nhsnl ordl't, An l\flflP-"'1 f\10\Y be filll?d by t.ho ~:.lnhmul or itlt'll- n1.1\hor irifi'd ng£>n\, whit:h int:lmle& \he elalnnnt'& wrJ\lt-n ~uthnt!)'ht~oh fot the ngtout t.o net. Any l'tlpln)'f'l\ nf the- f'lllf'lloye-r· who ls n f'l\l ly or n Jic£>nst>d 111-ltorney 11ny rtiso f1leo nn nrprnl. /m nppPal ~nust be naih·d io Appenls Tribunal, PO box 59, Jefferson City. HO 65104~00S9 or faxe-cl to (.573)751·1321. If by l'ltlll, tht hJ"tJt>tll Jt. dt>PtJPd fJJ~d fl'i of thr dntc l'ncfnt·s("d by the l.fnitf!d St~te!!. ro.s.ta.1 Ser-vJN~c. An npprnJ should give the rensnn thP dt>f£"t1!1lnntinn is int:ortrci nnd folll5\ he !.lgnrd. tnclude the socinl $l"<::Urlty nunher- of Uu• clahmnt. If you do not undl.'tslnnd thP d('\lli"lrtJ.nn\ion rw how to filf> hll
""~rf!';nl, eontac\ '\he Qff1ee &howt, RhOYe for- Rss.Jstnnt:o. Additlnt~nl nrpt>nl lnfol"l"lnUon enn bt>. found Jn tf1tl ''lr\fot rtotion fo,, .1rl<et s 11 nnd "EntployPr-s' Rights fllflrl ResponslbiHUes"' Pnl'tphlots.
081
STATE OF MISSOURI ) ) ss.
COUNTY OF COLE )
PR~MARY PACKET
CLAIMANT: MICHAEL MCKINZY SOCIAL SECURITY NO.: -1848
APPEAL NO: 12-05783
Exhibit No.
I, Cassie Peterson, as part of my delegated duties as an employee of the Division of Employment
Security (DES), hereby certify that the attached are originals or true copies of the DES records,
which pursuant to law were made or received and retained on file and of record in the DES office
in Jefferson City, Missouri as provided in Sections 288.360.1 and 288.220.4 of the Missouri
Revised Statutes.
Division of Emp'lo State o
Appeals Clerk
IMPORTANT NOTICE These documents will be made an exhibit at the hearing. You must have this packet with you at the time of the hearing.
Your failure to have this packet with you at the time of hearing will not constitute grounds to exclude these documents from the hearing record or to grant a postponement of the hearing.
DO NOT SEPARATE THESE MATERIALS.
PAODE$-4430 (04·11) App eals
\ 082
BEFORE THE APPEALS TRIBUNAL DIVISION OF EMPLOYMENT SECURITY
MISSOURI DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS JEFFERSON CITY, MISSOURI
NOTICE OF APPEAL TO APPEALS TRIBUNAL
1. In the Matter of the Claim of 2. APPEAL NO.: 12-05783 R-A
Social Security No.: -1848 3. ISSUE NO.: 000
Name: MICHAEL MCKINZY 4. BenefitYearBeginning: 02-05-12
Address: 8948 BLUEJACKET 1110 5. Date of Determination: 02-09-12
OVERLAND PARK KS 66214 6, Appeal Filed By: Claimant
Phone: 816-778-6417
7. Employer:
Address:
Phone: Unknown
8. Deputy's determination being appealed: THE CLAIMANT IS AN INSURED WORKER, THE CLAIMANT'S BENEFIT YEAR BEGINS 02-05-12.
9. I appeal this determination because: SEE ATTACHED.
10. Clm Atty: 11. Emp Atty: Address: Address:
Phone: Unknown Phone: Unknown
INFORMATION FOR CLAIMANT: You should continue to file your weekly certifications (claims) while your appeal is pending, unless you have returned to work full time.
12. Appeal filed: 02-28-12 Received in Local Office
By: ANITA INMAN
MODES-L-1 (08-11) Appeals
083
02/28/2012 10:26 9136427260 OVERLAND PARK l>JFDC
. . . (-!~:•,, OlVISION OF Ert'PLOYIVEUT SeCUA.ITY . . . . . . . •
, ·. ~~ . . "Pending Issue'' Questionnaire- DISCHARGE/SUSPENSION
' (i). ~ M!SSOUR.I DEPARTMENT OF LABOR AND INCUS'm.IAl ~r:t.ATlONS
~ Employment Separati()n fnformation Request
Nrun~:MICHAEL MCKINZY SSN~ -1848
BYB Date: 02-05-12 lssuo No. 201
Date Maiieti: U2- d9'-12 CIQIIT\ Type: REG
111111111111 11111 11~1 Jlllll llllllllllllll lllllll lll~llllllll llllllll ll llllllllll IIIII lllllllllllllll Imlllllllllllllflllllllllllllllllllllllil R096D 18G8201202051201
PAGE 04/04 1
Provide informatiOM (1!1 your $Elpatation from MCK2.EV~R 'S PRICE CHOPPER ··,- . · · . .. orl 01 ~2. i .;:12. "· . D~e separated · Typ9 of wurk performed ., · · .. . ... · .... · ~ . ... . Rate of ~~Y . . Full name and tlth~ of ~our svp~~-~r ... . . .. ......... .. .. . ,_,., ....... .. . ··· - - ~~~-· ···· ·i. -·· .. · . Pate employment started · · · · . · . Empl_oyer's phone n~mher.. . ... , ... . . ..... . . ... _. ....... .,, ., ., ... ~ . .. ... : Oays and hours you worked during·.;_ no~l w·orkweek · . . . ·. ... . . . Address of )rour job sue· :, ·· · .... : .. ' .. · ·. · .. · :.. · . · ·· . .- .: · .. · ... '- · .. : .. ;:: .. ~ · :· ·' .': · ···, .: : . .'· ~ ··. ·. ·
. . . . .. .. ·: . . . . -·- ... ....
R-cr· \\/ l :n
}\\ 'i \ /\\ <:;
State of Miss ouri 5737519730 02/28/2012 09: 27AM Pg 04/04
---- --- - ---- -084
02/28/2012 10:26 9136427260
FAX
OVERLAND PARK WFDC
~-N
WOIU<FORCii l'AR.TNERSHIP JOtllfiON • lUVaNWORTil • WYANDoTTI
• KANSAS WORKS
PAGE 01/04
To: Oiv. o~ M~ EP!d~ 6~From: tyljchJ f5. fY.!tiG'a~fr-Fax#: l5'78) 75/,.17~ · '2 · Pages:__-z._(rncluding cover sheet)
Phone#: ( Ylb) ?Zf,.bL/1 7 Date: frth ~~ Jo/2=:
Comments: N~Jee:s of AffCCi( toV . . Jry; tA ~ No. t ¢1 cmd J ~ ueiYo.. iii-
RtCt:.. \Ve-D M.'\11 0 'J 10 II
2
State of Missouri 5737519730 02/28/2012 09:27AM Pg 01/04
----------------- - -----085
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OVERLAND PA
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WFDC
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w 086
INQUIRER REG INITIAL BYB 02-05-12 BYE 02-09-13 LO 570
FIRST NAME MICHAEL LAST NAME MCKINZY SOCIAL SECURITY NO. -1848
STREET 8948 BLUEJACKET 1110 CITY-STATE OVERLAND PARK KS ZIPCODE 66214
PREVIOUS BYB LAST DAY WK 01-21-12 SEP REASON DISCHRG SOC 47-2111
DATE FILED 02-08-12 PROCESSED 02-08-12 NOTICE 02-09-12 LAST NOTICE 02-09-12
ISSUE DATE LAST ISSUE 202 REDETERMINED 00-00-00 REDUCED NOTICE NO
CLAIM CODE 3 TOTAL/PART T STATUS NO STOP PAY NO VOID NO SSN CHANGE NO
MBA 3671.15 BAL 3671.15 WBA 212 ERN ALW 42.40 RCALL NO TENUR 20 TX NO
VAC/HOL FROM TO WKCMP FROM
PENSION TYPE FROM TO PENSION TYPE FROM
0 N
WW NO LAST WEEK 03-03-12 ACTIVITY 03-06-12 RECORDINGS
DATE OF INQUIRY 03/12/12
ES3195 ANITA INMAN
PAGE NO 010 OF 013 P/ N
CICSYYY
1000
TO
TO
4 PENDING NO
087
INQUIRER REG CONTINUED BYB 02-05-12 BYE 02-09-13 LO 570
FIRST NAME MICHAEL LAST NAME MCKINZY SOCIAL SECURITY NO. -1848
STREET 8948 BLUEJACKET 1110 CITY-STATE OVERLAND PARK KS ZIPCODE 66214
EARNINGS ALLOWED ($20 OR 20%) 42.40
COMP WK PROCESSED AMOUNT EARN RMUN B PAY TYPE IVR/PO V T/P TYPE
02-11-12 02-25-12
02-18-12 02-25-12
02-25-12 02-28-12
03-03-12 03-06-12
DATE OF INQUIRY 03/12/12
ES3195 ANITA INMAN ,
IVR021512 B T
IVR021912 B T
IVR022612 B T
IVR030412 B T
PAGE NO 011 OF HHH P/ N
CICSYYY
END CLAIM LATEST
I
088
INQUIRER REG CONTACTS BYB 02-05-12 BYE 02-09-13 LO 570
FIRST NAME MICHAEL LAST NAME MCKINZY SOCIAL SECURITY NO. -1848
STREET 8948 BLUEJACKET 1110 CITY-STATE OVERLAND PARK KS ZIPCODE 66214
EARNINGS ALLOWED ($20 OR 20%) 42.40
FROM TO NUMBER CLAIM PROCESSED
02-05-12 02-09-13
DATE OF INQUIRY 03/12/12
ES3195 ANITA INMAN
3 REG. 02-08-12
PAGE NO 012 OF HHH P/ N
CICSYYY
TYPE STATUS DEPUTY
DEPUTY ACTIVE www
END CLAIM LATEST
089
INQUIRER WEEKS CLAIMED IVR BYB 02-05-12 BYE 02-09-13 LO 570
FIRST NAME MICHAEL LAST NAME MCKINZY SOCIAL SECURITY NO. -1848
STREET 8948 BLUEJACKET 1110 CITY-STATE OVERLAND PARK KS ZIPCODE 66214
PROC WORK EARN VAC AMT WC WC W P P F S Q W T A A S HRS C TIME P
03-10-12 03-11-12 N
03-03-12 03-04-12 N
02-25-12 02-26-12 N
02-18-12 02-19-12 N
02-11-12 02-15-12 N
N
N
N
N
N
S C W S C R B V E
N N N N N N N N N Y Y N
N N W N N N N N N N Y Y N
N N N N N N N N N Y Y N
N N N N N N N N N Y Y N
N N N N N N N N N Y Y N
DATE OF INQUIRY 03/12/2012 PAGE NO 014 OF 014 P/ N
ES3195 ANITA INMAN CICSYYY
3 07:14
3 00:38
3 08:30
3 08:15
3 21:17
090
Missouri Unemployment Insurance- Weekly CertificaLion Pagel of 1
Missouri Department of Labor and Industrial Relations
Division of Employment Security
Filling the Weekly Certification (Claim) for Benefits
Have you changed your address since your last contact with our division? New address here .
Your certification for weekly benefits can be filed using these Internet pages, or you may file through our automated telephone system by calli rig the appropriate telephone number listed below: ·
Local Calling Area
(573) 751-9040 Jefferson City (816) 889-3101 Kansas City (417) 895-6851 Springfield (314) 340-4950 St. LOuis (800) 320·2519 Outside Local Calling Area
Vl'~~e __ a_r~ yc>u_filing from? Unit_ed ?.t~~e~ _ . __
Our records indicate the most recent week(s) available to you to file are for the following week(s): Please select one or more weeks. You will then be asked a series of questions for each week.
You must file your weekly claini certification within 14 days from the Saturday of the week you.are claiming or the claim week will be denied.
01-09-2011 to 01-15-2011 r Did you do any work during this week? rYes r No
IF YOU WORKED DURING ANY OF THE WEEKS AVAILABLE FOR YOU TO CLAIM, YOU MUST BE PREPARED TO REPORT THE AMOUNT OF YOUR EARNINGS, BEFORE ANY DE:DUCTIONS, WHEN YOU COMPLETE THE WEEKLY CERTIFICATION. YOU MUST REPORT YOUR EARNINGS EVEN It' YOU HAVE NOT YET BEEN PAID. IF YQU DELIBERATELY FAIL TO REPORT WAGES EARNED DURING THE WEEK CERTIFIED, MAKE A FALSI! STATEMENT OR WITHHOLD INFORMATION TO RECEIVE BE.IN~FiifS, YOUR BENEFIT RIGHTS CAN BE CANCELED, AND YOU CAN BE ARRESTED, FINED AND IMPRISONED. CALCULATE THE AMOUNT Or YOUR EARNINGS FOR EACH WEEK THAT YOU WORKED BEFORE PR6itEEDING TO THE NEXT PAGE. IF YOU HAVE QUESTIONS ABOUT REPORTING YOUR EARNINGS, CLICK HERE.
December January
February 2010
2011 2011
Sun Man Tue Wed Thu Fri Sat Sun Man TueWe.d ihu Fri Sat S
Man Tue Wed Thu Fri Sat . 1
un 1 z 3 4
1 5 (j 1 2 3 4 5
10 11 2 4 7 8
6 7 8 9 10 11 12 5 6 7 8 9 10 1:3
14 15 16 17 18 9 11 12 ' 14 15
13 14 15 16 17 18 19 12 13 17 19 ji{J
23 24 25 16 18 21 22
20 21 22 23 24' 2526 19 20 21 22 27
31 23 24 25 26 28 29
27 28 26 27 28 29 30 30 31
Do you wish to file for the weeks selected? f~ ~]' v1.2.09.2D08v1
https:/ /som.do!irtest/ som/ servlet/ som.data. verLfy. VerifySefiiiet 1/19/2011 091
Missouri Unemployment Insurance- Weekly Certificalion
Missouri Department of Labor and Industrial Relations
Division ofEmploymertt Security
Weekly Benefits Claim Filing
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Page 1 of2
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· By completing this weekly" filihg, you certify under penalty of perjury that your statements are true and correct. You understand the law provides penalties for false statements for the purpose of securing benefits. All questions apply on(y to the week being certified (claimed). You must answer all questions. Your weekly certification will not be accepted if you fail to answer any question.
Our records show that you must make a minimum of 3 contact(s) during the week you are claiming; . Failure to make the required job contacts each week may result in the denial of benefits.
Answer the folloWing questions as they apply to the Week from 01-09-2011 to 01-15-201 1.
Since you worked during this week, you are required to report earnings regardless of when the earnings are paid. This inCludes earnings from full-time, part-time or temporary work. Failure to properly report earnings may be considered an act of fraud. The total amount, before deductions; must be entered .. $ ($999.99- If monHhan $9999.99, enter9999.99)
During the claim week, were you fired from a job? r Yes r No
During the claini. week, were you suspended from a job? r Yes r No
During the claim Week, did you quit a job? r Yes r No
Did or will you receive vacation I holiday or W.A.R.N, pay for the week? r Yes r No
If YES - enter thEdull weekly amount before deduc:t16ns: S ($9999. 99 ~ If mote than $9999.99, enter 9999.99)
During this week; did you start receiving workers' compensation? r Yes r No
During this week.,. if you were already receiving workers' compensation, did the amount change? r Yes r No
During this weeK; did you start receiving a pension?
https://som.dolirtest/sorrJservlet!som.data.continued.CC!aitl1Servlet 1/19/2011 092
Missouri Unemployment Insurance- Weekly Certification
< Yes < No
During this week, did you turn down any Work? < Yes < No
During this week, did you go to school or any type of training? (- Yes r l~o
During this week; were you physically able to work each day? r Yes r No
Page 2 of 2
During the claim week, were you available all of the days and hours required for the type of full-time work you are seeking? · r Yes r No
During this week, did you perform any self employment? r Yes < No
If YES, enter the humber of hOurs you wereselfemployed.
Enter the number of employers you contacted to look for work during this week. Select contacts flJ
BE SURE TO REVIEW YOUR ANSWERS BEFORE SUBMITTING. ONCE SUBMITIED, YOU WILL BE GIVEN THE OPTION TO FILE CERTIFICATION FbR A PRIOR WEEK IF APPROPRIATE. ONCE
. ALL WEEKS ARE FILED, YOU WILL BE GIVEN A CONFIRMATION THAT YOUR CERTIF'IED WEEKS HAVE BEEN ACCEPTED, .~~~mlrnWf@J.~rn1~1
06.17.2009v1
https://som.dolirtest/som/serv!et/som.data.continued. CCJaiuiServlet 1119/2011 093
Missouri Unemployment Insurance- Weekly Certification
Missouri Department of Labor and Industrial Relations
Division of Employment Secudty
Weekly Benefits Claim Filing
------.-. -· .-~. -----~~-
Page 1 of 2
nt' I . , . .o ~vor/(
By completing this weekly filing, you certify under penalty of perjury that your statements are true and correct. You understand the law provides penalties for false statements for the purpose of securing benefits. All questions apply only to the week being certified (claimed). You must answer all questions. Your weekly certification will not be accepted if you fail to · answer any question.
Our records show that you must make a minimum of 3 contact(s) during the week you are claiming. Failure to make the required job contacts each week may result in the denial of benefits. ·
Answer the following questions as they apply to the Week from 01-09-2011 to 01-15-2011.
Did or will you receive vacation I holiday or W.A.R.N. pay for the week? r Yes r No
If YES - enter the full weekly amount before deductions: ) ($9999.99- If more than $9999.99, enter 9999.99)
During this week; did you start receiving a pension? r Yes _ 1 No
During this week, did you turn down any Work? 1 Yes . r No
During this week, did you go to school or any type of training? r Yes. r No
During this week, were you physically able to work each day? r Yes r No
During the claim week, were you available all of tM days and hours required for the type of full·time work you are seeking? · r Yes r No
During this week; did you perform any self employment? · r Yes r No · -. · If YES, enter the number of hours you were self ernp!oyed .
. 1ter the number of employers you contacted to look for work during this week. < S~l~ct ;;-ont~~i; IJ · · . . ·
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https://som.dolirtest/som/servlet/som.data.contlnued.CClahrtServlet . '
1/19/20!1 094
Mi.ssouri Unemployment Insurance- Weekly Certification Page 2 of2
BE SURE TO REVIEW YOUR ANSWERS BEFORE SUBMI'ITING. ONCE SUBMITfED, YOU WILL BE GIVEN THE OPTION TO FILE CERTIFICATION FOR A PRIOR WEEK IF APPROPRIATE. ONCE ALL WEEKS ARE FILED, YOU WILL BE GIVEN A CONFIRMATION THAT YOUR CERTIFIED WEEKS HAVE BEliN ACCEPTED. . . : ;· ~Wb..tQ11ftGl~ti)i;' . ·
06.17.2009v1
htt.ps://som.dolirt6sl!som/servlet!som.data.continued.CCJairtlServlet 1119/2011 095
MISSOURI DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS DIVISION OF EMPLOYMENT SECURITY
NOTICE OF INITIAL DETERMINATION OF STATUS AS AN INSURED WORKER
IMPORTANT- Being an Insured Worker does not guarantee payment of unemployment Insurance (UI) benefits. Paymentof Ul benefits Is subject to meeting all eligibility requirements. Review this notice carefully to ensure that your
· ·· .. address, Social Security Number; and the Division of Employment Security's (DES) record of wages are correct. If there : · .. Is an error or omission, follow the instructions below for filing an appeal.lfyo11 have questions or need additional ·
· Information, !(OU call contact a Regional Claims Center by telephone, but contacting the DES by telephone does not · preserve your appeal rights. Read the "What Yuu Need to Know About Unemployment Insurance in Missuuri" pamphlet
fOr information on the steps to take now that yuur initial claim has been lila d.
MICHAEL MCKINZY 8948 BLUEJACKET 1110 OVERLAND PARK KS 66214
BEN DATE HAILED .......... 02109112
SOCIAL SECURITY NO .. , -184 8
BENEFIT YEAR BEGINS .. 02105112
YOU ARE AN INSURED WORKER. YOUR WEEKLY BENEFIT AMOUNT IS .•.....•. $212.00 YOUR MAXIMUM BENEFIT AMOUNT IS ....•. $3671.15
YOUR CLAIH IS COHFUTED ON IIAGES PAID FROM 10 I 0 1 I 1 0 THROUGH 0 9 I 3 0 I 11. OUR RECORD OF IIAGES IS AS FOLLOWS I
. EHPLOYER'.S NUMBER I EMPLOYER'S HAHE I QTRI VEAR I WAGES
302584 3 095 CITY OF KANSAS CITY HUMAN 4 10 1205.03
302584 3 095 CITY OF KANSAS CITY HUMAN 1 11 8095.60
302584 3 095 CITY OF KANSAS CITY HUMAN 2 11 1774.18
422787 1 999 MCKEEVER ENTERPRISES, 3 11 2522.25
,, "'"i"' __ ...._ ...... ___________________________ ~~~-------...-
.. , • APF'f!AL RIGHTS- This deterrllinatltlli will be final unless an appeal is filed by 0 3 I 12 I 12 · ··An ap~ie~l must be in writing and may be filed by you or ytlur authorized agent .
, . The'app&al must be mailed to: Appeals Section, P.O. Box 59, Jefferson City, MO 65104 or faxed to 573-751-1321 • • , .F.o'r more information on appeal rights, 11lslt www.labor.rllu.gov/DES/Appeals/how_to_fllo_appeal.atp. ·
MODES.fl-9(04·11) . 0ES-BIC103A U.I.Prg, \0 096
,,
IMPORTANT- PLEASE READ
CLAIM INFORMATION AND INSTRUCTIONS
• In order to receive unemployment insurance (UI} benefits, you must certify each week that you have met the , basic iequlrements such as being able to work and available for full-time work. Complete weekly certifications
....... (claim~) for benefits using tf!e Internet at www.moclaim.mo.gov or by calling the Division or Employment Securily • . (DES) Interactive Voice Response (IVR) system after each week has ended, Including the week you first .
i:ontacted the .DES to start your claim. A claitn week starts on Sunday and ends on saturday. The Internet and · automated iVR are available 24 hours a day, seven days a week .
. ~ ....... , "-'ti,' It Is in:RV IIVfPORTAN.i yoU re11d the enclosed ''What You Need to Know About Unemployment Insurance in : •lllllssolirf"·pamphlet because it gives steps for filing your weekly certification (claim) and al)swers questions
· ; about your rights to benefits and your responsibilities. The reason you are unemployed may affect your eligibility t() recei11e Ul benefits.
• ·Whet!' fuaklng your weekly certification (clillm) you must:
u· ··Report any wages earned for the week before deductions even lr you may not be paid until later. The .information pamphlet explains the types of earnings that must be reported.
o .· Report If you ar~ paid or Will be paid vacation, holiday, or Worker Adjustment and Retraining Notification (WARN) pay for the claim week. ·
o · Report If you a·re separated from a job or refused a job during the claim week.
c Report If you cannot work each day of the week either because you were sick and not able to work or because you werE. not available for work for any reason. You must be able to work and available for fUII'tlme work each day ofthe week.
• lillheri you filed you~ clalm, you were given the minimum number of employers to contact for work. Make~~ least ·. tha:tln'imywork search contacts each week. For auditing purposes, you rrust keep a Written record of the. work
jlearch contacts. To assist With keeping a record, you Wlil be maned a "Work Search Record"form. The form also ~n.be downloaded .and printed from www.moclahn.mo.gov. Click on "Publications and Forms'' and use the
·. fomis finder to search for "Work Search Record". Do not wait to receive this fonn to start making or recording your. work search ...
· • You hl~y bl! requited to register for work with the Missouri Career Center at an office near you or on the Internet m www.mlssourlcateersource.com. . ~ - : '- ' . . ; ' ' -,' ' ' ' i ' -' " ' ' ' ~ --. ' - :
· ·, • · .l'ot. atitonuited lnfornlatlonabout your unemployment claim, use the DES automated IVR system or go to . · . WMy.tnocJiiim.mo.gov. Locate the heading "Getting Benefits" and then click on "View Claim Status." The
· h'lformation Pl!mphlat lists the telephone numbers and explains what Information Is available.
• · Uhein~l~y~nt benefits are paid through the Missouri Access MasterCard® debit card or by direct deposit to yourchec~ing or savings RCcount. To change your payment method, call a Regional Claims Center (RCC) or go to )WiW.moclaifil.mo.gov. Locate the heading "HelpfUl Tools and Information" and then click on "Change My Pllyrilf1nt Method.". .
, ' lo_·;. ' · , '
• For lijformatloli on .yaur Missouri Access card balance, deposits, and other activity, go to IMNW.mo-access.com (no fee) or tall 88S:775-3445 (three free calls per week then so cents per call) .
. • voJ.J.riil bl!notified by mail if you must make a four-week In-person reporting to a Missouri Career Center or you · are salad: lid for an eligibility review. Failure to report In person as required or participate in an eligibility review may result In delay or:~enlal of benefits. .
• , , ·, ', :/' ,·. .; . . ·' . -; I~ : ' . - '
• Call,iln RCC Immediately It you change your address, phone number, or have forgotten or need to change your . Per~on,alldeiitifl~tloiJ Number (PIN) used to access claim Information and nle your weekly certification (claim).
• Yo !It claiR\ !s In i!riilct:ror one year. A claim becomes Inactive If there are no weekly certlncatlon!l (claims) flied wifh.iii;~B'calen.daridllys from the week ending date of the last week certified. Renew your claim a9 soon as you
· becoma.unemploy!id ~:>y.going to www.moclalm.mo.goy under "File a Claim", or by calling an RC:C and selecting the 'appr,l:lprlate menu!'optlons •
. :' ,: : (., '., :- .. --. _: ' '._ __· ' ' ;~- '
• If y~ii are attending !jchool or training or receiving benents under an extended benefits program, special ;novisl?~s may apply.
· .Your Social Security Number will be verified with the Social Security Administration.
MODES·B·9·211l4·1 t lf 097