Section 287.780 provides:
“No employer or agent shall discharge or in any way discriminate against any employee for exercising any of his rights under this chapter. Any employee who has been discharged or discriminated against shall have a civil action for damages against his employer.”
The elements of a cause of action under this section are:
“(1) Plaintiff’s status as an employee of defendant before the injury;
(2) Plaintiff’s exercise of a right granted by the Act;
(3) Employer’s discharge of or discrimination against the plaintiff;
(4) An exclusive causal relationship between plaintiff’s actions and defendant’s actions.”
In Hummel v St. Charles City R-3 School District, 114 S.W.3d 282 (Mo. App. E.D. 2003), teacher brought retaliatory discharge claim against school district alleging that the School district fired her in retaliation for exercising her rights under the workers’ compensation law, a violation of RSMo §287.780. The Circuit Court dismissed action based on school district’s sovereign immunity as a public entity. Teacher argued that the workers’ compensation statutes expressly waived sovereign immunity for retaliatory discharge claims. Court of Appeals rejected teacher’s argument and affirmed Circuit Court, stating teacher failed to establish any exception to sovereign immunity as listed in 537.600 et seq, such as through the insurance waiver under section 537.610 by showing the purchase of insurance covering the plaintiff’s claim.