index

• Library: Emp-Emp Law 2000

Missouri

Employer-Employee Law

Index

References are to section numbers

A

Aliens’ rights to employment

hiring and I-9s

definitions, 8.3

generally, 8.2

verification of employment eligibility, 8.4

noncitizen employees, 8.1

Appeals

Missouri public sector labor law, 2.14

National Labor Relations Act

unfair labor practice proceedings

Notice of Appeal (NLRB Form 4767), 9.35

Procedures for Filing an Appeal (NLRB Form 4938), 9.34

unfair labor practices, procedure, 9.5

public school teachers, statutory protections for

termination decision, appeal of, 3.17

unemployment compensation

Appeals Tribunal, 5.12

decision, 5.26

forms

decision of Appeals Tribunal, 5.69

notice of appeal to Appeals Tribunal, 5.66

hearing

burden of proof, 5.22

evidence, 5.23

hearing record, 5.25

objections, 5.24

order of proof, 5.21

participation, 5.18

representation, 5.18

sequestration, 5.20

telephone hearings, 5.19

notice of appeal, 5.13

notice of hearing

generally, 5.14

nonappearance, dismissal for, 5.17

postponements, 5.15

withdrawals, 5.16

Attorney fees

Family and Medical Leave Act, 7.25

B

Background investigations

Fair Credit Reporting Act, 8.5

reference checks, 8.6

C

Child labor laws

federal, 8.17

Missouri, 8.18

Civil penalties

Sunshine Law, 4.48

Claims, unemployment compensation

deputy’s determination, 5.11

employer protests, 5.10

initial claim, 5.5

monetary determination

insured worker, 5.7

maximum benefit duration, 5.9

weekly benefit amount, 5.8

notice to employer, 5.6

Collective bargaining agreement

unjust termination, protection against, 6.2

Compensation. see Unemployment compensation; Wage and hour laws

Constitutional issues affecting public employees

drug testing, 1.11

freedom of association, 1.9

freedom of speech

generally, 1.2

matter of public concern, 1.3

motivating factor, 1.5

partisan political activities, 1.6, 1.7

partisan political affiliations, 1.6

partisan political expression, 1.6, 1.8

Pickering balancing test, 1.4

generally, 1.1

procedural due process, 1.10

D

Damages

Family and Medical Leave Act, 7.24

secondary picketing under NLRA, 11.37

unjust termination

compensatory damages

justifiable reliance on promise of future employment, 6.48

loss of earnings as result of discharge, 6.46

mental anguish as result of discharge, 6.47

mitigation of damages, 6.50

punitive damages, tort theory, 6.49

Disclosure

Employee Retirement Income Security Act of 1974

remedial rights (29 U.S.C. § 1132), 8.62

Sunshine Law (see Sunshine Law)

Drug testing

Eighth Circuit decisions, 8.13

employer drug abuse policies, 8.10

generally, 8.8

lower court decisions, 8.12

Missouri court decisions, 8.13

relevant statutes, 8.9

U.S. Supreme Court decisions, 8.11

E

Employee benefits

Employee Retirement Income Security Act of 1974

benefit claims

preemption (29 U.S.C. § 1144), 8.58

review of plan administrator benefit decisions, 8.59

coverage

exclusions, 8.49

generally, 8.48

persons

beneficiary side, 8.50

plan side, 8.51

discrimination, 8.60

fiduciary duties, 8.52

remedial rights (29 U.S.C. § 1132)

disclosure rights, 8.62

generally, 8.61

other violations, 8.63

reporting, disclosure, record retention

generally, 8.53

group health, 8.55

plan sponsor, information to, 8.57

Secretary of Labor, reports to, 8.56

standard disclosure to participants or beneficiaries, 8.54

Missouri law, 8.64

Employee Retirement Income Security Act of 1974

benefit claims

preemption (29 U.S.C. § 1144), 8.58

review of plan administrator benefit decisions, 8.59

coverage

exclusions, 8.49

generally, 8.48

persons

beneficiary side, 8.50

plan side, 8.51

discrimination, 8.60

fiduciary duties, 8.52

remedial rights (29 U.S.C. § 1132)

disclosure rights, 8.62

generally, 8.61

other violations, 8.63

reporting, disclosure, record retention

generally, 8.53

group health, 8.55

plan sponsor, information to, 8.57

Secretary of Labor, reports to, 8.56

standard disclosure to participants or beneficiaries, 8.54

Employee rights

Family and Medical Leave Act (see Family and Medical Leave Act)

generally, 7.1

jury duty, 7.26

veterans’ employment and reemployment rights

federal law

generally, 7.29

remedies

administrative, 7.40

judicial, 7.41

requirements for reemployment

generally, 7.31

honorable discharge, 7.30

limitations on employer responsibility, 7.32

rights after reemployment

discharge, prohibition against, 7.39

health plans, 7.37

job placement, 7.33

pensions, 7.38

promotion, 7.35

rate of pay, 7.36

seniority, 7.34

sick leave, 7.38

Missouri law, 7.28

voting, leaves of absence for, 7.27

workers’ compensation retaliation rights

claim, elements of

discharge, 7.45

discrimination, 7.45

exclusive causation, 7.46

exercise of rights, 7.44

generally, 7.43

procedural issues, 7.47

state tort claim, 7.48

statutory provision, 7.42

Employees

Family and Medical Leave Act, eligible employees, 7.3

Missouri public sector labor law

employees, exclusions

non-statutory

confidential employees, 2.7

managerial employees, 2.6

supervisors, 2.5

statutory, 2.4

noncitizen employees, 8.1

not covered by labor agreements (see Labor agreements, employees not covered by)

public (see Public employees)

termination, unjust (see Unjust termination, protection against)

unfair labor practices

by union

coercion of employees, 9.13

restraint of employees, 9.13

of employer, employee committees as employer-dominated unions, 9.8

Employment-at-will doctrine

cases, 6.9

generally, 6.8

rationale for rule, 6.10

theories for avoidance

discharge in breach of public policy

cases from other jurisdictions, 6.26

Missouri cases

other cases, 6.30

overview, 6.27

whistleblowing exception, 6.29

Workers’ Compensation retaliatory discharge, 6.28

statement of theory, 6.25

fraud (tort action)

elements, 6.31

Missouri cases, 6.32

implied contract

cases from other jurisdictions, 6.19

generally, 6.12

Missouri cases applying theory, 6.18

Missouri cases denying theory

employee handbooks, 6.14

employer letters, 6.13

miscellaneous cases, 6.17

oral promises, 6.16

terms of agreement, 6.15

implied covenant of good faith and fair dealing

cases from other jurisdictions, 6.23

Missouri cases, 6.24

statement of theory, 6.22

negligence (tort action), 6.38

outrageous conduct or infliction of emotional distress (tort action)

applicability, employment context, 6.37

elements, 6.35

recognition, in Missouri, 6.36

plaintiff’s legal objective, 6.11

prima facie tort

elements, 6.33

nonrecognition, in Missouri, 6.34

promissory estoppel

applicability, 6.20

elements of theory, 6.20

Statute of Frauds, 6.21

wrongful discharge (tort action), 6.39

F

Fair representation, duty of

duty defined

contexts in which duty arises

contract administration, 10.4

grievance processing, 10.4

negotiations for benefits of conditions of employment, 10.3

examples

generally, 10.14

no violation found, 10.16

violation found, 10.15

forums of litigation, 10.5

standards

applied by courts

generally, 10.7

intentional bad faith conduct, 10.11

Missouri standard, 10.10

Motor Coach Employees v. Lockridge, 10.9

perfunctory conduct, 10.12

Smith v. Hussmann Refrigerator Co., 10.13

Vaca v. Sipes, 10.8

applied by NLRB, 10.6

litigation considerations

choice of forum, 10.17

jury trial, right to, 10.20

parties, 10.19

pleading, 10.18

procedural defenses

failure to exhaust remedies

contractual, 10.22

union, internal, 10.23

remedies

court, 10.25

National Labor Relations Board, 10.24

statute of limitations, 10.21

source of, 10.2

Family and Medical Leave Act

construction with other laws, 7.19

covered employers, 7.4

covered leaves, 7.5

eligible employees, 7.3

employer’s responsibilities

designate leave as FMLA, 7.10

generally, 7.9

obligation to...