Section 15 Discharge for Refusal to Violate the Law

• Library: Employment Discrimination 2008

Under the first category of public policy wrongful discharge cases, an employee has a cause of action for being discharged for refusing to violate the law or to take action that is reasonably believed to be a violation of the law. Dunn v. Enter. Rent-A-Car Co., 170 S.W.3d 1
(Mo. App. E.D. 2005). The plaintiff must both plead and prove that the employer directed the action that is claimed to be a violation of public policy or the law, in addition to pleading and proving the specific constitutional provision, statute, regulation, or other clear mandate of public policy. Crockett v. Mid-Am. Health Servs.,
780 S.W.2d 656 (Mo. App. W.D. 1989) (petition, which stated only that “plaintiff was in fact fired in violation of public policy,” failed to plead that...