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Employment Law

Employer – Employee: Discrimination – ADA – Rehiring Program

March 19, 2009 Comments Off on Employer – Employee: Discrimination – ADA – Rehiring Program

Where a bank employee with a voice condition presented evidence that his employer imposed a production quota on him that jurors could view as unattainable, that his supervisor made inconsistent statements about whether other employees were considered for termination, that ...

Tagged with: ADA discrimination Employer - Employee

Employer – Employee: Non-Compete Agreement – Employer Breach – Damages

March 9, 2009 Comments Off on Employer – Employee: Non-Compete Agreement – Employer Breach – Damages

Where an employer breached the unambiguous terms of a non-compete agreement by enforcing non-compete provisions and failing to pay the employee his monthly salary as agreed, the district court properly granted the plaintiff’s motion for summary judgment and the employee ...

Tagged with: Damages Employer - Employee Non-Compete Agreement

Employer – Employee: Sexual Harassment – Hostile Environment – MHRA

February 27, 2009 Comments Off on Employer – Employee: Sexual Harassment – Hostile Environment – MHRA

(1)Where an employee brought claims of hostile environment and retaliation under the Missouri Human Rights Act, the case of Daugherty v. City of Maryland Heights provides the standard for surviving summary judgment on both types of claims and the burden-shifting ...

Tagged with: Employer - Employee hostile environment MHRA sexual harassment

Employer – Employee: Employment-At-Will Doctrine – Public Policy Exception – Nurse

February 20, 2009 Comments Off on Employer – Employee: Employment-At-Will Doctrine – Public Policy Exception – Nurse

Where a nurse brought a wrongful discharge case after she claimed she was terminated for refusing to delete or change notes that she made regarding a patient’s care, the nurse’s allegations sufficiently invoked the public-policy exception to the employment-at-will doctrine, ...

Tagged with: Employer - Employee Public Policy Exception

Employer – Employee: Appellate Practice – Notice Of Appeal – Timeliness

February 20, 2009 Comments Off on Employer – Employee: Appellate Practice – Notice Of Appeal – Timeliness

Where an appellant filed an untimely notice of appeal, the appeal must be dismissed despite appellant’s dispute with the date of the denial of his motion to reconsider. Appeal is dismissed. Peet v. Carter, et al. (MLW No. 58673/Case No. ...

Tagged with: Appellate Practice Employer - Employee Notice Of Appeal timeliness

Employer – Employee: FMLA – Provisional Leave – Reliance

February 20, 2009 Comments Off on Employer – Employee: FMLA – Provisional Leave – Reliance

Where an employee’s first request for leave under the Family Medical Leave Act was denied and the employee claimed he was confused about the meaning of a second letter and that he believed he was on provisional leave because of ...

Tagged with: Employer - Employee FMLA

Employer – employee: Public Employee – Retaliation – First Amendment

February 6, 2009 Comments Off on Employer – employee: Public Employee – Retaliation – First Amendment

Where a university safety officer who applied for a promotion but was passed over sued the university for unlawful retaliation for protected speech claiming he was retaliated against for his complaints about the former chief’s misuse of resources, the officer ...

Employer – Employee: Age Discrimination – Direct Evidence – Failure To Make Findings

February 6, 2009 Comments Off on Employer – Employee: Age Discrimination – Direct Evidence – Failure To Make Findings

Where a Department of Agriculture employee brought an age discrimination action after she was not selected for a specialist position, the case is remanded for the district court to make a finding on whether a statement made by a hiring ...

Employer – Employee: Wrongful Termination – Public Policy Exception – Punitive Damages

January 26, 2009 Comments Off on Employer – Employee: Wrongful Termination – Public Policy Exception – Punitive Damages

(1)Where an employee claimed wrongful termination under the public policy exception, the trial court erred and misdirected the jury by failing to give an instruction that required the jury to find that the plaintiff’s communication with government investigators was the ...

Supreme Court of Missouri: Constitutional

January 26, 2009 Comments Off on Supreme Court of Missouri: Constitutional

Retirement fund; eligibility Â SC89370 Gilbert L. Alderson, et al., Appellants, v. State of Missouri, et al., Defendants, County Employees’ Retirement Fund, et al., Respondents Appeal From: Cole County Circuit Court, Judge Richard G. Callahan Handdown Date: 1/13/2009 Opinion Author: ...

Tagged with: eligibility

Labor: Nurses’ Strike – Unemployment Benefits – Unfair Labor Practices

January 16, 2009 Comments Off on Labor: Nurses’ Strike – Unemployment Benefits – Unfair Labor Practices

Where a hospital appealed a determination that nurses were eligible for unemployment benefits while they were on strike, a Missouri statute providing unemployment benefits to employees who strike when the employer has committed an unfair labor practice is not ...

Tagged with: Labor Unemployment Benefits Unfair Labor Practices

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