Section 287.780 RSMo., states:

“No employer or agent shall discharge or in any way discriminate against any employee for exercising any of his rights under this chapter. Any employee who has been discharged or discriminated against shall have a civil action for damages against his employer.”

Despite the clear language of the statute, injured Missouri employees could be fired after filing a workers compensation claim, unless they could show this was the “exclusive” cause of their termination. Smart employers always had a reason for terminating the injured employee other than the workers compensation claim. All employers had to establish was that there were other reasons behind discharging the employee (for example, absenteeism, failure to perform job duties, insubordination, etc.) and the employee would be unable to successfully claim an improper termination of their employment.

On April 15, the Missouri Supreme Court reversed more than 30 years of case law and ruled that injured employees, who had been fired after filing a workers compensation claim, only needed to show that the filing of their workers’ compensation claim was a “contributing factor” to their termination. The Court’s ruling in Templemire v. W&M Welding, Inc., No. SC93132 (Mo. 2014), has put an end to this discrimination, making it easier for employees to prove that they were wrongfully terminated due to filing a workers compensation claim.

Templemire was a general laborer for W&M Welding. He was injured in January, 2006 when a metal beam fell and crushed his left foot. He filed a workers’ compensation claim and received benefits. When his doctor allowed him to return to work, he had several work restrictions, including taking a fifteen minute break for every hour of standing. When the owner found Templemire taking one of his required breaks, he yelled profanities at Templemire and fired him on the spot. Templemire contacted the work comp adjuster who then contacted the employer. When the insurance adjuster reminded the employer that Templemire was required to take 15-minute breaks for every hour of labor, McMullin said that he felt Templemire was “milking his injury.” Additional evidence showed that the employer often called injured employers “whiners” and had fired several other employees. The Court held that under the facts of the case, Templemire could show that Section 287.780 had been violated when the employer fired him.

We often hear from clients who are afraid to file a workers compensation claim because their employer might fire them. Once they were terminated, the employer would be able to stop paying any owed benefits. While we encouraged injured workers to pursue their workers’ compensation rights, it was hard to deny the ease at which employers could get away with discrimination. This new case changes Missouri law, making it easier to maintain a discrimination claim.

If you have been fired by an employer who was hiding behind this “exclusive cause” precedent, or if you have any questions about workers compensation retaliation claims, contact us today.