Discrimination because of exercising compensation rights prohibited
An employer cannot fire or treat an employee badly because that employee used their workers' compensation rights. If an employer does this, the employee can sue the employer for money damages. The workers' compensation rights have to be a real reason — something that actually made a difference — in the employer's decision to fire or mistreat the employee.
287.780. Discrimination because of exercising rights prohibited — — defined. — No employer or shall or against any employee for exercising any of his or her rights under this chapter when the exercising of such rights is the motivating factor in the discharge or discrimination. Any employee who has been or discriminated against in such manner shall have a civil action for damages against his or her employer. For purposes of this section, "motivating factor" shall mean that the employee's exercise of his or her rights under this chapter actually played a role in the discharge or discrimination and had a on the discharge or discrimination.
(RSMo 1939 § 3725, A.L. 1973 H.B. 79, A.L. 2017 S.B. 66)
Prior revision: 1929 § 3335
(1993) The rights and provided by this section are of, in addition to, any rights provided by a . for retaliatory discharge under is not by federal labor law. Cook v. Hussmann Corp., 852 S.W.2d 342 (Mo. ).
(1998) Law does not abolish the "at-" doctrine but provides a limited . Crabtree v. Bugby, 967 S.W.2d 66 (Mo.banc).
(2006) Section applies to employees alleging that an employer discharged them for previously against a former employer. Hayes v. Show Me Believers, Inc., 192 S.W.3d 706 (Mo.banc).
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Related Missouri laws
Penalty not specifically provided
RSMo 287.790
Insurance carriers exempt from other tax, when
RSMo 287.760
Law to be strictly construed
RSMo 287.800
Review of claims, by whom
RSMo 287.801
Waiver of compensation by employee, procedure
RSMo 287.804
Burden of proof
RSMo 287.808
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.