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The MO Supreme Court changed the law of “Public Policy” wrongful termination

The Mo Supreme Court issued three wrongful termination decisions that substantially change the law of public policy discharge in Missouri

These decisions are good in some ways and horrible in other respects

I will probably not ever spell out the reasons I think some of these cases are bad for employees, because my opponents will use my words against me. —- Take my word for it, that court cases typically have components that are good and bad. ——- I do not wish to help my opponents make anti-Tim arguments.

NUTSHELL SUMMARY of these cases ——-

  • In order to have a public policy discharge case, you have to identify a statute or law or regulation that “Specifically Prohibits” the bad act; vague laws won’t suffice. I will analyze this more deeply later. CASE – Margiotti
  • The standard of proof in public policy cases is “Contributing Factor” rather than the absurd “exclusive causal connection”. CASE – Fleshner v. Pepose
  • Employees who have written contracts can bring public policy discharge cases. CASE – Keveney
  • And I have decided that, for the time being, I will not be saying any more about these cases and what they might mean — sorry.

Article written by | Tim Willoughby


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Phil is a Missouri employment lawyer who is licensed to practice in Kansas and Missouri, and primarily takes cases in Saint Louis and Kansas City. He is a member of the Missouri Bar Association and Kansas Bar Association. Additionally, he has practiced in the United States Federal Courts of Missouri in St. Louis and Kansas City. He has also practiced in the Kansas Federal District Court in Kansas City, Kansas.

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