Monday, June 16, 2014

Missouri Employers and Workers Compensation Retaliation

After a somewhat lengthy delay, I've returned to the world of blogging.  As time allows!

For Missouri employers, a note of warning.  The Missouri Supreme Court has lowered the Standard of Proof for Workers Compensation retaliation claims.  On April 15, 2014, in Templemire v W & M Welding, Inc., the Missouri Supreme Court continued its pro employee interpretation of the employment at-law doctrine by significantly reducing the casualty standard for a workers compensation retaliation claims.  Prior to this ruling Missouri law had long required an employee to prove that the alleged retaliatory motive was the "exclusive factor" for the adverse action.   Such as  a termination.