employment doctrine (Missouri) · Go Syfert
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employment doctrine in Missouri

16 Missouri opinions name it 2 courts 1909–2016 0 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Johnson v. McDonnell Douglas Corp.green
mo · 1988 · cited in 4 Missouri opinions naming this issue, 1989–1993
2 sentences

1993Johnson does not so hold even though the Supreme Court said, “The Court does not deem it necessary to engraft a so-called ‘public policy’ exception onto the employment at will doctrine.” Id. at 663 .

1992The applicability of the public policy exception to the employment at will doctrine was reviewed in the decision of our Supreme Court in Johnson v. McDonnell Douglas Corp., 745 S.W.2d 661 (Mo. banc 1988).

14
Dake v. Tuellgreen
mo · 1985 · cited in 3 Missouri opinions naming this issue, 1986–1991
2 sentences

1989The long-standing adherence of Missouri courts to the employment at will doctrine was restated by the Missouri Supreme Court in Dake v. Tuell, 687 S.W.2d 191 (Mo. banc 1985), and most recently by this court in Krasney v. Curators of University of Missouri, 765 S.W.2d 646, 651-52 (Mo.App.1989).

1986Employee’s petition is premised upon an exception to the employment at will doctrine as recently discussed in Dake v. Tuell, 687 S.W.2d 191 (Mo. banc 1985).

13
Baca v. Marriott Hotels, Inc.green
coloctapp · 1986 · cited in 1 Missouri opinions naming this issue, 2016–2016
1 sentence

2016See Baca v. Marriott Hotels, Inc., 732 P.2d 1252, 1253 (Colo.App. 1986); Wolfe v. Unemployment Comp.

11
Greeley v. Miami Valley Maintenance Contractors, Inc.green
ohio · 1990 · cited in 1 Missouri opinions naming this issue, 2009–2009
1 sentence

2009Id. at 986.

11
Krasney v. Curators of the University of Missourigreen
moctapp · 1989 · cited in 1 Missouri opinions naming this issue, 1989–1989
1 sentence

1989The long-standing adherence of Missouri courts to the employment at will doctrine was restated by the Missouri Supreme Court in Dake v. Tuell, 687 S.W.2d 191 (Mo. banc 1985), and most recently by this court in Krasney v. Curators of University of Missouri, 765 S.W.2d 646, 651-52 (Mo.App.1989).

11
Schonwald v. F. Burkart Manufacturing Co.green
· 1947 · cited in 1 Missouri opinions naming this issue, 1988–1988
2 sentences

1988Although under certain circumstances courts have accepted this theory, Schonwald v. Burkart Manufacturing *672 Co., 356 Mo. 435 , 202 S.W.2d 7, 14 (1947) (essence of contract was disclosure of plaintiff’s manufacturing process, not the services to be performed by him), Harrington v. Kansas City Cable Railway Company, 60 Mo.App. 223, 228 (1895) (plaintiff in addition to services to be performed released valuable cause of action), the facts as alleged by plaintiff do not warrant its application here.

1988Although under certain circumstances courts have accepted this theory, Schonwald v. Burkart Manufacturing *672 Co., 356 Mo. 435 , 202 S.W.2d 7, 14 (1947) (essence of contract was disclosure of plaintiff’s manufacturing process, not the services to be performed by him), Harrington v. Kansas City Cable Railway Company, 60 Mo.App. 223, 228 (1895) (plaintiff in addition to services to be performed released valuable cause of action), the facts as alleged by plaintiff do not warrant its application here.

11
Harrington v. Kansas City Cable Railway Co.green
moctapp · 1895 · cited in 1 Missouri opinions naming this issue, 1988–1988
1 sentence

1988Although under certain circumstances courts have accepted this theory, Schonwald v. Burkart Manufacturing *672 Co., 356 Mo. 435 , 202 S.W.2d 7, 14 (1947) (essence of contract was disclosure of plaintiff’s manufacturing process, not the services to be performed by him), Harrington v. Kansas City Cable Railway Company, 60 Mo.App. 223, 228 (1895) (plaintiff in addition to services to be performed released valuable cause of action), the facts as alleged by plaintiff do not warrant its application here.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (16)

CaseCitedYears
Boyle v. Vista Eyewear, Inc. green
moctapp · 1985
2 sentences

2009However, in Boyle v. Vista Eyewear, Inc., 700 S.W.2d 859 (Mo. App. W.D.1985), this court adopted a public policy exception to the employment at will doctrine, which “provides that an at-will employee who has been discharged by an employer in violation of a clear mandate of public policy has a cause of action against the employer for wrongful discharge.” Id. at 871 .

2009However, in Boyle v. Vista Eyewear, Inc., 700 S.W.2d 859 (Mo. App. W.D.1985), this court adopted a public policy exception to the employment at will doctrine, which “provides that an at-will employee who has been discharged by an employer in violation of a clear mandate of public policy has a cause of action against the employer for wrongful discharge.” Id. at 871 .

31986–2009
Gateway Taxi Management v. Division of Employment Security green
mo · 2015
1 sentence

2016Gateway Taxi Mgmt., 461 S.W.3d at 832 .

12016–2016
Ulmer v. Garnon Truck Equipment Inc. neutral
pactcomplerie · 1986
1 sentence

2009Similarly, the court in Ulmer found that an employee who was discharged after becoming subject to a wage attachment for child support could bring a cause of action pursuant to a public policy exception to the employment at will doctrine. 41 Pa. D. & C.3d at 458-59 .

12009–2009
Lay v. St. Louis Helicopter Airways, Inc. green
moctapp · 1993
1 sentence

1994Louis Helicopter Airways, Inc., 869 S.W.2d 173 (Mo.App.1993).

11994–1994
McCloskey v. Eagleton green
moctapp · 1990
1 sentence

1992In McCloskey v. Eagleton, 789 S.W.2d 518 (Mo.App.1990) this court held that no public policy exception to the employment at will doctrine applied where an associate attorney of a law firm was discharged and claimed the “open courts” provision of our state constitution was an exception to the at will doctrine.

11992–1992
Crockett v. Mid-America Health Services green
moctapp · 1989
1 sentence

1992In Crockett v. Mid-America Health Services, 780 S.W.2d 656 (Mo.App.1989) the court held that this exception applies where the employee alleges the: conduct required of him by the employer would have amounted to a violation of statute, constitutional provision or regulation adopted pursuant to a statute, and *517 also that his discharge was attributable to a refusal to perform the unlawful act or his performance of a mandated lawful act contrary to the directions of his employer.

11992–1992
Beasley v. Affiliated Hospital Products green
moctapp · 1986
1 sentence

1992This district first applied the public policy exception to the employment at will doctrine in Beasley v. Affiliated Hospital Products, 713 S.W.2d 557 (Mo.App.1986).

11992–1992
Grouse v. Group Health Plan, Inc. green
minn · 1981
1 sentence

1989Grouse v. Group Health Plan, Inc., 306 N.W.2d 114 (Minn.1981).

11989–1989
Morsinkhoff v. De Luxe Laundry & Dry Cleaning Co. green
moctapp · 1961
1 sentence

1988The court was also concerned that if the plaintiff were allowed to recover, there would be no mutuality of obligation in that employers would be held liable for their promises while “[t]he employee may quit any time or never start performance and suffer no liability.” Morsinkhoff, 344 S.W.2d at 644 .

11988–1988
Ising v. Barnes Hospital green
moctapp · 1984
1 sentence

1986This court in Ising v. Barnes Hospital, 674 S.W.2d 623 (Mo.App.1984) recognized the public policy exceptions to the employment at will doctrine but refrained from applying it because there was no demonstration of a clearly stated and well established public policy.

11986–1986
Lundberg v. Prudential Insurance Co. of America green
moctapp · 1983
1 sentence

1985The court of appeals recognized that "judicial invasion of management decisions and impingement upon agreed terms of employment emerge, when as here, the prima facie tort doctrine is resorted to by a discharged employee to impose liability against an employer where the employment is terminable at will." 661 S.W.2d at 671 .

11985–1985
Insurance v. St. Paul Fire & Marine Insurance green
nyappdiv · 1995
1 sentence

1984In Murphy v. American Home Products, Corp., 58 N.Y.2d 293 , 448 N.E.2d 86 , 461 *626 N.Y.S.2d 232 (1983), the court rejected the appellant’s proposed public policy exception to the employment at will rule.

11984–1984
Murphy v. American Home Products Corp. green
ny · 1983
2 sentences

1984In Murphy v. American Home Products, Corp., 58 N.Y.2d 293 , 448 N.E.2d 86 , 461 *626 N.Y.S.2d 232 (1983), the court rejected the appellant’s proposed public policy exception to the employment at will rule.

1984In Murphy v. American Home Products, Corp., 58 N.Y.2d 293 , 448 N.E.2d 86 , 461 *626 N.Y.S.2d 232 (1983), the court rejected the appellant’s proposed public policy exception to the employment at will rule.

11984–1984
Nick v. Travelers Insurance neutral
· 1945
1 sentence

1946Co., 189 S. W. (2d) 532 .] In the Butler case there was no termination of the employment and the clause in the master policy, under which the employee sought recovery, was eliminated by the execution of a new master policy without any notice to him.

11946–1946
State Ex Rel. Billingsley v. Spencer green
mo · 1877
2 sentences

1909Billingsley v. Spencer, 64 Mo. 355 ; Weinrich v. Koelling, 21 Mo. App. 333 .] The decisions we have consulted are in cases where the action related to a demand of a partnership creditor, but the reasons for the rule given by the Supreme Court in State ex rel. v. Spencer, supra, apply as strongly to an action of an individual creditor of a partner as to that of a firm creditor and, therefore, compel the employment of the rule in the present case under the principle expressed in the saying, “the reason of the law is the soul of the law.” Since the cause of action asserted by plaintiff does not e

1909Billingsley v. Spencer, 64 Mo. 355 ; Weinrich v. Koelling, 21 Mo. App. 333 .] The decisions we have consulted are in cases where the action related to a demand of a partnership creditor, but the reasons for the rule given by the Supreme Court in State ex rel. v. Spencer, supra, apply as strongly to an action of an individual creditor of a partner as to that of a firm creditor and, therefore, compel the employment of the rule in the present case under the principle expressed in the saying, “the reason of the law is the soul of the law.” Since the cause of action asserted by plaintiff does not e

11909–1909
Orr v. Chicago & Alton Railroad neutral
moctapp · 1886
1 sentence

1909Billingsley v. Spencer, 64 Mo. 355 ; Weinrich v. Koelling, 21 Mo. App. 333 .] The decisions we have consulted are in cases where the action related to a demand of a partnership creditor, but the reasons for the rule given by the Supreme Court in State ex rel. v. Spencer, supra, apply as strongly to an action of an individual creditor of a partner as to that of a firm creditor and, therefore, compel the employment of the rule in the present case under the principle expressed in the saying, “the reason of the law is the soul of the law.” Since the cause of action asserted by plaintiff does not e

11909–1909

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 287.780 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IN 61 (1913–2025) TX 53 (1967–2024) OH 50 (1932–2026) MS 32 (1992–2024) CA 29 (1919–2026) VA 25 (1928–2019) TN 21 (1916–2020) NY 20 (1950–2025) WA 20 (1967–2024) CT 18 (1984–2004) NC 16 (1988–2014) MO 16 (1909–2016) IA 13 (1983–2024) LA 11 (1969–2023) MD 10 (1940–2017) OK 10 (1944–2014) PA 10 (1940–2022) WI 10 (1986–2017) IL 9 (1980–2024) MA 8 (1960–2010) MN 8 (1902–2003) FL 8 (1969–2026) MI 7 (1971–2009) NM 7 (1934–2026) NJ 6 (1938–2017) AR 6 (1946–2005) SC 6 (1991–2025) AL 6 (1982–2004) ID 5 (1984–2012) CO 4 (1986–2019) WY 4 (1994–2012) OR 4 (1925–2021) UT 4 (1944–2016) SD 3 (1989–2001) KY 3 (1907–2011) DC 3 (1977–1997) NV 2 (2017–2017) GA 2 (1947–1985) NE 2 (1997–2003) VT 2 (1957–2025) ME 2 (2014–2023) KS 2 (2000–2002)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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