Mary Garas, a chemist, sought work in Missouri through Kelly Services, Inc. Kelly is a staffing agency
Mary Garas, a chemist, sought work in Missouri through Kelly Services, Inc. Kelly is a staffing agency that places individuals in jobs of varying duration with other companies. Through Kelly, Garas worked at Merial Co. from April 2005 to February 2006. After the assignment ended, Garas asked Kelly for more work. Meanwhile, she filed a claim for unemployment benefits with the Missouri Division of Employment Security (DES). In March, Kelly recruiter Rebecca Cockrum told Garas about a temporary assignment with Celsis Laboratory. Garas said that she would prefer a “more stable position,” but later asked Cockrum to submit her resume to Celsis. Before the employer responded, Kelly told the DES that Garas had refused suitable work. Under a Missouri state statute, a claim for unemployment benefits must be denied if “the claimant failed without good cause . . . to accept suitable work when offered the claimant . . . by an employer by whom the individual was formerly employed.” The DES denied Garas’s claim for benefits. She filed an appeal with a state court. Was the DES’s denial right or wrong? Why?
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A state intermediate appellate court reversed the DESs decision which had been affirmed by the Misso...View the full answer
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