Section 2 1982 Revision

• Library: Employer-Employee Law 2008

Following Cheek v. Prudential Ins. Co. of America, 192 S.W. 387
(Mo. 1916), § 290.140, now RSMo 2000, was solidly in place. The only change made following Cheek was the requirement of making the request in writing. In spite of this addition, there remained confusion about the actual requirements of the statute. Also, defendant corporations had been subjected to punitive damages in excess of actual damages received by plaintiffs. To curb the apparent abuse of the statute, it was significantly revised in 1982. The revised statute required that the employee:

• be employed for at least 90 days

• make the request within 1 year following the date the employee separated from the company

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