Section 43 Failure to Exhaust Administrative Remedies

• Library: Emp-Emp Law 2000

A Missouri employee is required to show exhaustion of any administrative remedies under the employment contract to sustain a cause of action for wrongful discharge, at least when the cause of action is based on a violation of the contract. Transcontinental & W. Air, Inc. v. Koppal, 345 U.S. 653, 660 (1953); Donahoo v. Thompson, 270 S.W.2d 104 (Mo. App. W.D. 1954).

In a pre-Johnson v. McDonnell Douglas Corp., 745 S.W.2d 661 (Mo. banc 1988), case in which the employer agreed that it was bound to follow the...