Articles
Missouri Court of Appeals Expands Public Policy Exception to At-Will Employment Doctrine
In what will likely be significant decision in the area of employment law, the Missouri Court of Appeals recently broadened the public policy exception to Missouri’s at-will employment doctrine. In Delaney v. Signature Health Care Foundation, the plaintiff learned...
Section 510 of ERISA Imposes Obligations Concerning Benefit Plans
The Employee Retirement Income Security Act, or ERISA, is a complex and comprehensive federal law concerning all aspects of employment benefit plans. Congress included Section 510 to prohibit two types of conduct: (1) adverse action because a participant availed...
The Snare of COBRA
The case of Franco Santos v. Goldstar Transport, Inc., is instructive of companies which are under “common control.” In that case, a former employee took her employer, Goldstar Transport, Inc., to court claiming that the company had not provided proper election...
Y’all Be Careful With Ya’ Language, Ya’ Hear?
Ran across a curious news story from Richmond,Virginia. Apparently, a wife’s father made a $15,000 gift to “Y’all.” The court, after determining that a number of gifts were made solely to the daughter, sided with the son-in-law that the gift of $15,000 was to both...
Accommodating Employees With Disabilities
The Americans With Disabilities Act can apply even when what may appear on its face to be a neutral, non-discriminatory practice is instituted on behalf of an employer. Recall a case where Verizon Wireless had instituted a “no-fault” attendance plan, without...
Is that Condominium Special Assessment Limited or Common?
The Missouri Court of Appeals recently considered a case, Laurence Epstein, et al. v. Villa Dorado Condominium Association, Inc., involving a group of condominium unit owners (the “Unit Owners”) who sued their condominium association (the “Association”) when the...
Silver Spoon Ridiculousness
Reasonableness, or even sanity, may be in short supply. Those of us who have been, know that being a parent can be challenging at times. And before being a parent, we were amazed at how our parents were, at times, so unreasonable. As Mark Twain said, he was...
Doe ex rel. Subia v. Kansas City, Missouri Sch. Dist.: Missouri Expands the Scope of Sexual Harassment Claims under the MHRA
Until a recent decision by the Missouri Court of Appeals, no Missouri case had addressed whether the Missouri Human Rights Act (“MHRA”) covers a claim against a public school district for sex discrimination based upon student-on-student sexual harassment. The...
Handicap the Horses: Place a Sure Bet With a Qualified Spousal Trust
Assume that you are married to a self-proclaimed horse handicapper. Your spouse has acquired this talent unbeknownst to you and has spent considerable time perfecting his or her skill. The financing of this endeavor has proven extremely burdensome, and the luck ran...
Court Decision Finds FMLA Violation in Failure of Employer to Provide Proper Notice
A federal court judge has ruled that a claim could be stated against an employer which failed to provide proper notice to an employee during her unpaid leave under the Family Medical Leave Act (FMLA.) The employee was discharged from her position when she failed to...
Continuing Violations vs. Discrete Acts under the MHRA
In Tisch v. DST Systems, Inc., the plaintiff employee brought an action against his employer for reverse gender discrimination, age discrimination, and retaliation in violation of the Missouri Human Rights Act (“MHRA”), Section 213.010, RSMo., et seq. Specifically,...
“Mere Inconvenience” Not Sufficient for Variance to Zoning Regulations
Property owners who live in municipalities are subject to zoning codes and other ordinances that regulate, among other things, the kinds of activities which are acceptable on particular lots, the height of buildings, the amount of space structures may occupy, and the...