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287.780. Discrimination because of exercising compensation rights prohibited--civil action for damages.

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Discrimination because of exercising compensation rightsprohibited--civil action for damages. 287.780.No employer or agent shall discharge or in any waydiscriminate against any employee for exercising any of hisrights under this chapter.Any employee who has been dischargedor discriminated against shall have a civil action for damagesagainst his employer.(RSMo 1939 § 3725, A.L. 1973 H.B. 79)Prior revision: 1929 § 3335(1979) Plaintiff who alleges discharge due to filing of aworker's compensation claim has burden of proving the causeof action. Henderson v. St. Louis Housing Authority (Mo.),605 S.W.2d 800.(1993) The rights and remedies provided by this section areindependent of, in addition to, any rights provided by a collectivebargaining agreement.Claim for retaliatory discharge under statuteis not preempted by federal labor law.Cook v. Hussmann Corp., 852S.W.2d 342 (Mo. en banc).(1998) Law does not abolish the "at-will" doctrine but provides alimited exception.Crabtree v. Bugby, 967 S.W.2d 66 (Mo.banc).(2006) Section applies to employees alleging that an employerdischarged them for previously filing workers' compensation claimagainst a former employer.Hayes v. Show Me Believers, Inc., 192S.W.3d 706 (Mo.banc).
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  • Discrimination because of exercising compensation rightsprohibited--civil action for damages.

    287.780. No employer or agent shall discharge or in any waydiscriminate against any employee for exercising any of hisrights under this chapter. Any employee who has been dischargedor discriminated against shall have a civil action for damagesagainst his employer.

    (RSMo 1939 § 3725, A.L. 1973 H.B. 79)

    Prior revision: 1929 § 3335

    (1979) Plaintiff who alleges discharge due to filing of a worker's compensation claim has burden of proving the cause of action. Henderson v. St. Louis Housing Authority (Mo.), 605 S.W.2d 800.

    (1993) The rights and remedies provided by this section are independent of, in addition to, any rights provided by a collective bargaining agreement. Claim for retaliatory discharge under statute is not preempted by federal labor law. Cook v. Hussmann Corp., 852 S.W.2d 342 (Mo. en banc).

    (1998) Law does not abolish the "at-will" doctrine but provides a limited exception. Crabtree v. Bugby, 967 S.W.2d 66 (Mo.banc).

    (2006) Section applies to employees alleging that an employer discharged them for previously filing workers' compensation claim against a former employer. Hayes v. Show Me Believers, Inc., 192 S.W.3d 706 (Mo.banc).

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