Missouri Supreme Court May Change Standard in Workers’ Compensation Retaliation Claims

The Missouri Supreme Court recently heard arguments in a case alleging Workers’ Compensation Retaliation.  At trial, the jury ruled in favor of the Employer but the Plaintiff’s attorneys have appealed, arguing that the Missouri Jury Instruction requiring exclusive causation in workers’ compensation retaliation claims is “insurmountable” and inconsistent with the other standards required for discrimination and wrongful termination claims.

Missouri Courts have notoriously enforced the “contributing factor standard” for discrimination or wrongful termination claims under the Missouri Human Rights Act as well as wrongful termination claims brought under the Whistleblower theory of recovery.  Plaintiff’s attorneys are hoping that the Supreme Court changes its position with regard to similar cases involving workers’ compensation retaliation.

Check back to McMahon Berger’s blog for updates on this very important issue.

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