Opinion handed down May 10, 2016
Hank’s Cheesecakes appeals from the Labor and Industrial Relations Commission’s (“Commission”) decision granting unemployment benefits to its terminated employee, Robin Stahl. Stahl was terminated from her position following an incident in which she slapped the buttocks of a co-worker for making an insensitive comment in front of her and another co-worker.  The Commission found that this conduct did not rise to the level of misconduct that disqualified her from receiving unemployment benefits.  On appeal, and as a matter of first impression as to whether striking an employee automatically constitutes misconduct, the Missouri Court of Appeals for the Eastern District affirmed.