Missouri Supreme Court Changes Standard for Workers’ Compensation Retaliation
Category : Employment Law
In a recent decision, the Missouri Supreme Court changed the standard for an employee to establish that he/she was retaliated against for filing a Workers’ Compensation claim. The court overturned the prior case law which held that the filing of a Workers’ Compensation claim was the “exclusive” cause for alleged retaliation. Instead, the court held that an employee must only demonstrate that the filing of a Workers’ Compensation claim was a “contributing factor” in the employer’s adverse action. This is a major change for proving causation in a Workers’ Compensation retaliation claim. Templemire v. W&M Welding, Inc., No. SC 93132 (Mo. April 15, 2014).