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Home / Opinions / Courts / Court of Appeals, Western District / Employer – Employee: Discrimination – Dismissal Of Defendants – Negligent Supervision

Employer – Employee: Discrimination – Dismissal Of Defendants – Negligent Supervision

(1)Where employees sued their employer and individual managers for discrimination, retaliation and harassment, the employer’s motion to dismiss did not request relief for the other defendants including the individual managers, who were never served process and no entry of appearance was made on their behalf, so the trial court erred in dismissing the petition as to the other defendants.

(2)Where employees brought breach of contract and negligent supervision claims against an employer, nothing in the employer’s  handbook or policies would lead a reasonable at-will employee to believe the at-will status was modified, so the trial court did not err in dismissing the contract claims, and the negligent supervision claim was also properly dismissed because the claim was essentially a claim for wrongful discharge and in Missouri an at-will employee cannot maintain an action for wrongful discharge without a valid contract or statutory provision.

Judgment is affirmed in part; reversed in part and remanded.

Doran, et al. v. Chand, et al. (MLW No. 58825/Case No. WD69225 – 9 pages) (Missouri Court of Appeals, Western District, Howard, P.J.) Appealed from circuit court, Platte County, Hull Jr., J. (Elle J. Sullivant, Independence, for appellants) (Patrick F. Hulla, Kansas City, Mo., for respondents).

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