No Sovereign Immunity from Retaliatory Discharge Claim

Statutes governing workers’ compensation allow an action for employer’s retaliation against a claimant’s exercise of those rights, and that action is within the statutes’ waiver of sovereign immunity for political subdivisions, including defendant school district. School district’s motion for summary judgment established facts without genuine dispute, but did not entitle school district to a favorable judgment. Court of Appeals reverses circuit court’s summary judgment dismissing plaintiff’s action for retaliatory discharge.

Travis Poke vs. Independence School District
Missouri Court of Appeals, Western District – WD84198

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