Section 17 Wrongful Termination in Violation of Public Policy

• Library: Damages 2012

The Supreme Court of Missouri has approved the following public policy exception to the employment-at-will doctrine:

An at-will employee may not be terminated (1) for refusing to violate the law or any well-established and clear mandate of public policy as expressed in the constitution, statutes, regulations promulgated pursuant to statute, or rules created by a governmental body or (2) for reporting wrongdoing or violations of law to superiors or public authorities.

Fleshner v. Pepose Vision Inst., P.C., 304 S.W.3d 81, 92 (Mo. banc 2010). The Court further found that the appropriate standard for causation is “contributing factor.” Id. at 95.

In 2010, the Supreme Court of Missouri also recognized a cause of action for wrongful termination in violation of public policy for contract employees. Keveney v. Mo. Military Academy, 304 S.W.3d 98, 105 (Mo. banc 2010) (abrogating Luethans v. Wash. Univ., 894 S.W.2d 169, 173 (Mo. banc 1995) (“a wrongful discharge action is only available to an employee at will”)).

Additionally, MAI 31.27 [2011] became effective July 1, 2011. In relevant part, MAI 31.27 [2011] states that, for a plaintiff to prevail, the jury must find the...