Discharge, discipline prohibited
A boss cannot fire, punish, or refuse to hire a worker just because a court order says the employer must provide health insurance coverage for that worker's child. If the worker gets fired within 30 days of that order taking effect, it is automatically assumed the firing was because of the order — unless the employer can prove otherwise with strong evidence. A worker or the state can take the employer to court, and if the employer is found guilty, a judge can order the worker rehired, award back pay, and fine the employer up to $500.
454.645. , discipline prohibited — — , procedure. — 1. An employer shall not discharge or otherwise discipline, or refuse to hire, an employee as a result of an or notice issued the of sections 454.600 to 454.645. If any such employee is within thirty days of the date upon which an order for is to take effect, there shall arise a rebuttable presumption that such discharge was a result of such order. This shall be overcome only by produced by the employer that the employee was not terminated because of the order.
2. Any who is as a result of a violation of this section may bring a civil contempt proceeding against the employer by an in the from which the order for health benefit plan coverage was issued. The is also authorized to bring an in to determine whether there has been a or discipline under this section.
3. In either action cited above, if the court finds that the employer discharged, disciplined, or refused to hire the as a result of the order or notice, the court may order the employer to or hire the obligor, or any wrongful . Further, the court may enter against the employer for the , costs, , and for the amount of employee or employer or and child support which should have been withheld and paid over by the employer during the period of time the employee was wrongfully discharged. If, after the entry of such an order, the employer refuses without to comply with the court's order, or if the employer fails to comply with the health benefit plan coverage notice, the court may, after notice to the employer and a , impose a fine against the employer, not to exceed five hundred dollars.
Tap any gold-underlined word to see what it means.
Red section numbers link to that law.
Source & history notes
(L. 1993 S.B. 253 § 18) Effective 5-26-93
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.