By Steven A. Edelman
314-631-6777
Can the employer fire an injured worker because they filed a workers’ compensation case?
Nothing under Missouri law prevents an employer from firing an injured work from their job. If an employee can not do the essential functions of the job, then an employer can and often times will fire the worker. However, if it can shown that the employer fired an injured worker because of their workers’ compensation case, then a civil action in circuit court for wrongful termination/discrimination may be appropriate.
In Missouri, an employer shall not discharge or discriminate against an employee because of the employee’s workers’ compensation case. The Missouri Workers’ Compensation Law specifically states in Section RSMo 287.780 that:
“No employer or agent shall discharge or discriminate against any employee for exercising any of his or her rights under this chapter when the exercising of such rights is the motivating factor in the discharge or discrimination. Any employee who has been discharged or discriminated against in such manner shall have a civil action for damages against his or her employer. For purposes of this section, “motivating factor” shall mean that the employee’s exercise of his or her rights under this chapter actually played a role in the discharge or discrimination and had a determinative influence on the discharge or discrimination.” https://revisor.mo.gov/main/OneSection.aspx?section=287.780
The Missouri courts have interpreted the law in the following cases:
“Generally, an employer can discharge an at-will employee for any reason. Keveney v. Missouri Military Acad., 304 S.W.3d 98, 101 (Mo. banc 2010). There are exceptions and limits, however, to the at-will employment doctrine. For example, an employer cannot terminate an at-will employee for being a member of a protected classbased on “race, color, religion, national origin, sex, ancestry, age or disability.” Fleshner v. Pepose Vision Institute, P.C., 304 S.W.3d 81, 92 (Mo. banc 2010) (quoting section 213.055 of the MHRA). Additionally, this Court has adopted the following public policy exception to the at-will employment doctrine: An at-will employee may not be terminated (1) for refusing to violate the law or any well established and clear mandate of public policy as expressed in the constitution, statutes, regulations promulgated pursuant to statute, or rules created by a governmental body or (2) for reporting wrongdoing or violations of law to superiors or public authorities…. If an employer terminates an employee for either reason, then the employee has a cause of action in tort for wrongful discharge based on the public-policy exception. Id. at 92.7 Section 287.780’s Historic Construction June 24, 2025 23:04 4/18Downloaded from vLex by Steven Edelman Section 287.780’s Historic Construction Section 287.780 is a statutory exception to the at-will employment doctrine and provides: “No employer or agent shall discharge or in any way discriminate against any employee for exercising any of his [or her] rights under this chapter. Any employee who has been discharged or discriminated against shall have a civil action for damages against his [or her] employer.” This section was enacted in 1925 as a part of the original Missouri workers’ compensation law. Christy v. Petrus, 365 Mo. 1187, 295 S.W.2d 122, 124 (Mo. 1956). At the time of enactment, the workers’ compensation law was construed liberally in favor of the worker and the award of benefits. Maltz v. Jackoway-Katz CapCo., 336 Mo. 1000, 82 S.W.2d 909, 911 (Mo. 1934). Section 287.780 was amended in 1973 to provide employees with the private right of action that remains today.” See Templemire v. W&M Welding, Inc., No. SC93132 (Mo. Apr 15, 2014)
If you’ve been injured at work, then please immediately contact our law firm, and one of our skilled attorneys will be happy to discuss your rights and benefits under workers’ compensation law. Call us for a free consultation: 314-631-6777
Steven Edelman, Attorney