Employer Law Blog

On April 15, 2014, in Templemire v. W & M Welding, Inc., the Missouri Supreme Court continued its pro employee interpretation of the employment at-will doctrine by significantly reducing the causality standard for a workers compensation retaliation claims. Prior to this ruling, Missouri law had long required an employee to prove that the alleged retaliatory motive was the “exclusive factor” for the adverse action, typically a termination.

In settling an existing charge of discrimination, administrative complaint or lawsuit, employers, upon advice of counsel, routinely obtain a release of all claims from the employee. This includes releasing any claims already asserted and any other potential claims the employee could assert in the future. Employers also utilize severance agreements as a means of minimizing litigation by obtaining a release of all claims from a departing employee when offering severance to the employee.

Can an employer require an employee who is initiating a workers’ compensation claim to take a drug test?