Capital Report: Consistent Employment Law in Missouri

Earlier this year, I wrote about a Missouri Supreme Court decision that overturned 30 years of case law when dealing with Missouri workers compensation claims. This decision further opened the door for excessive and frivolous litigation against Missouri employers while making it even more difficult for employers to remove employees who are not doing their job. Because of this judicial action, lawsuits will go up, and businesses will spend more of their hard-earned money mounting unnecessary legal defenses instead of investing that money into job growth and expansion.

For nearly half a century, the employment law in Missouri mirrored that of the federal level. This ensured that both parties in a legal dispute would receive equal treatment whether their case was being heard in state or federal court. This also meant that the legal environment for businesses and employees in Missouri was comparable to the environment in most Midwestern states, thereby ensuring a level playing field for both employees and employers.

In recent years, Missouri’s appellate and supreme courts have dramatically changed Missouri’s employment law leaving a framework that is hostile towards employers. This anti-employer sentiment often deters companies who are thinking about locating or growing in our state as they seek a more fair and balanced legal environment in other states.

If we are going to be successful in creating new jobs and strengthening our economy, we must bring an end to the loopholes, the abuses and the bad judicial decisions that allow someone on the job while drunk or high on drugs to receive employer funded benefits. Employers and entrepreneurs in Missouri that employ our citizens and fuel our economy deserve to be on a level playing field with their competitors. It is imperative to the health of our economy and the future of our state.

I hope that in the coming session, lawmakers give ample time to finding a solution to this problem which is plaguing our state and limiting our ability to have a legal and regulatory climate which is fair and reasonable to both sides.

You can reach Sen. Lager at the State Capitol by telephone at 573-751-1415 or by email at [email protected] or by mail at Room 422, State Capitol Building, Jefferson City, MO 65101.