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...
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...
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...
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...
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...
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...