Missouri Revised Statutes

Chapter 287
Workers' Compensation Law
Section 287.780

August 28, 2014

Discrimination because of exercising compensation rights prohibited--civil action for damages.

287.780. No employer or agent shall discharge or in any way discriminate against any employee for exercising any of his rights under this chapter. Any employee who has been discharged or discriminated against shall have a civil action for damages against his employer.

(RSMo 1939 § 3725, A.L. 1973 H.B. 79)

Prior revision: 1929 § 3335

(2006) Section applies to employees alleging that an employer discharged them for previously filing workers' compensation claim against a former employer. Hayes v. Show Me Believers, Inc., 192 S.W.3d 706 (Mo.banc).

(2014) To make a submissible case for retaliatory discharge under this section, an employee must demonstrate his or her filing of a workers' compensation claim was a contributing factor to, rather than an exclusive cause of, the employer's discrimination or the employee's discharge. Templemire v. W & M Welding, Inc., 433 S.W.3d 371 (Mo.banc).

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