Section 13 Discharge of Employment

• Library: Employment Discrimination 2008

The second element of a claim for wrongful discharge in violation of public policy requires a discharge from employment. In addition to actual discharge, Missouri recognizes that constructive discharge from employment can form the basis of a common-law action for wrongful discharge in violation of public policy. SeeBell v. Dynamite Foods, 969 S.W.2d 847, 853 (Mo. App. E.D. 1998). The Bell decision is consistent with the recognition by Missouri courts that employees who have been constructively discharged are deserving of protection against retaliation and...