Section 3 Compensatory Damages

• Library: Employer-Employee Law 2008

Employers held to violate, or otherwise not fully comply with, the strict statutory requirements of the service letter statute, § 290.140,
RSMo 2000, may be liable for compensatory (or actual) but not punitive damages. On the other hand, an employee is entitled to nominal and punitive damages if the employer fails to issue the requested service letter. Section 290.140.2. But punitive damages are not awarded based on the content of a service letter. Id. Additionally, there is no provision for an award of attorney fees under the service letter statute.

Service letter claims are submitted to the jury under MAI 23.08
[1990 Revision]. The required elements are:

• employment for at least 90 days

• that the employment ended and the employee made a written request within a reasonable period not to exceed 1 year; and

• that either

( the defendant did not issue a service letter within 45 days after receipt or the request; or

( the defendant’s response letter did not correctly...