Section 8 Prejudice Resulting From Failure to Provide Adequate Notice

• Library: Personnel Hearings 2011

In City of Kansas City v. Jordan, 174 S.W.3d 25, 47 (Mo. App. W.D. 2005), the court set forth the criteria to determine whether the failure to follow statutory notice requirements prejudices the employee:

“Proof of prejudice is necessary if a denial of due process is to be made out.” In re Jones, 431 S.W.2d 809, 819 (Mo. banc 1966). “Generally, a party who has actual notice is not prejudiced by and may not complain of the failure to receive statutory notice.” Graves v. City of Joplin, 48 S.W.3d 121, 124
(Mo.App...