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Actions Indicating Desire to Keep Job Support Involuntary Discharge Over Voluntary Relinquishment

by e-LawLines | Oct 14, 2011 | Employment Law, Litigation

On October 4, 2011, the Missouri Court of Appeals reversed another decision by the Labor and Industrial Relations Commission (“Commission”) denying unemployment benefits to a claimant who had been involuntarily discharged from her employment.  In Harris v. Div. of...

Occupation Disease Claims No Longer Subject to Workers’ Compensation Law Exclusivity Provisions

by e-LawLines | Sep 15, 2011 | Employment Law, Litigation

On September 13, 2011, the Missouri Court of Appeals departed from well-established Missouri caselaw in holding that individuals may bring occupational disease claims through civil actions even though they may also have workers’ compensation remedies available for the...

Missouri Court of Appeals Reaffirms Stiff Burden for Showing Misconduct Precluding Unemployment Benefits

by e-LawLines | Sep 12, 2011 | Employment Law, Litigation

Section 288.030.1(23) of the Missouri Revised Statutes defines “misconduct” for purposes of unemployment benefits as: an act of wanton or willful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior...
Businesses Should Not Overlook the Importance of Evidence Preservation in Today’s World of E-Discovery

Businesses Should Not Overlook the Importance of Evidence Preservation in Today’s World of E-Discovery

by David P. Weiss | Aug 24, 2011 | Corporate Law, Litigation, Small Business Law

Larger corporations have faced this reality for many years:  litigation involving records can be extremely costly, very disruptive and just a pain in the “you-know-what.”  Now smaller companies are also experiencing what their larger counterparts have known for some...

MAI 31.24 Applies Exclusive of Federal Authority for MHRA Employment Discrimination Claims

by e-LawLines | Aug 18, 2011 | Employment Law, Litigation

The Missouri Court of Appeals recently affirmed a trial court’s refusal to give four non-MAI jury instructions in a MHRA employment discrimination case.  McCullough v. Commerce Bank, WD71625, 2011 WL 3106914 (Mo. App. W.D. July 26, 2011).  The issue on appeal was...

Calls to Employee on FMLA Leave Lead to Claim for Emotional Distress

by e-LawLines | Aug 10, 2011 | Employment Law, Litigation

A U.S. federal judge has allowed a claim for emotional distress brought by a community college employee who received numerous calls from her supervisors while on FMLA leave for cancer-related surgery. During her FMLA leave, the employee alleged that she received many...
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e-LawLines is published by David P. Weiss, an attorney at law affiliated with Jenkins & Kling, P.C. His practice serves the entire St. Louis metropolitan region, including City of St. Louis, St. Louis, St. Charles, Jefferson, Washington, Franklin and Lincoln counties in Missouri, and Madison and St. Clair counties in Illinois. Learn more about David’s background.

David P. Weiss | 314.561.5078
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