Section 29 Retaliation for Filing Worker’s Compensation Claim

• Library: Damages 2012

In a retaliation claim under § 287.780, RSMo 2000, the plaintiff must prove four elements:

1. The plaintiff’s status as an employee of the defendant

2. The plaintiff’s exercise of a right granted by § 287.780

3. The employer’s discharge of or discrimination against the plaintiff

4. An exclusive causal relationship between the plaintiff’s actions and the defendant’s actions

Stephenson v. Raskas Dairy, Inc., 26 S.W.3d 209, 212 (Mo. App. E.D. 2000); Hayes v. Show Me Believers, Inc., 192 S.W.3d 706, 707–08 (Mo. banc...