General assembly's intent to abrogate certain case law
Missouri lawmakers are saying that courts and state agencies cannot require proof that a worker's misconduct actually hurt their job performance. When deciding if someone committed misconduct at work, it is enough to show the misconduct happened — no one has to prove it made the person do their job worse.
288.046. 's intent to certain — determining , evidence of impairment. — 1. In applying of this chapter, it is the intent of the general assembly to reject and abrogate previous case law interpretations of "" requiring a finding of evidence of , including but not limited to, the holdings contained in Baldor Electric Company v. Raylene Reasoner and Missouri , 66 S.W.3d 130 (Mo.App. E.D. 2001).
2. In determining whether misconduct connected with work has occurred, neither the state, any agency of the state, nor any court of the state of Missouri shall require a finding of evidence of impairment of work performance.
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Source & history notes
(L. 2006 H.B. 1456) Effective 10-01-06
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