454.645. Discharge, discipline prohibited--rebuttable presumption--civil contempt proceeding authorized, procedure. - Missouri Statutes

Discharge, discipline prohibited--rebuttable presumption--civilcontempt proceeding authorized, procedure.

454.645. 1. An employer shall not discharge or otherwisediscipline, or refuse to hire, an employee as a result of anorder or notice issued pursuant to the provisions of sections454.600 to 454.645. If any such employee is discharged withinthirty days of the date upon which an order for health benefitplan coverage is to take effect, there shall arise a rebuttablepresumption that such discharge was a result of such order. Thispresumption shall be overcome only by clear, cogent andconvincing evidence produced by the employer that the employeewas not terminated because of the order.

2. Any obligor who is aggrieved as a result of a violationof this section may bring a civil contempt proceeding against theemployer by filing an appropriate motion in the cause of actionfrom which the order for health benefit plan coverage was issued.The director is also authorized to bring an action in circuitcourt to determine whether there has been a wrongful discharge ordiscipline under this section.

3. In either action cited above, if the court finds thatthe employer discharged, disciplined, or refused to hire theobligated parent as a result of the order or notice, the courtmay order the employer to reinstate or hire the obligor, orrescind any wrongful disciplinary action. Further, the court mayenter judgment against the employer for the back wages, costs,attorney's fees, and for the amount of health benefit planemployee or employer contributions or premiums and child supportwhich should have been withheld and paid over by the employerduring the period of time the employee was wrongfully discharged.If, after the entry of such an order, the employer refuseswithout good cause to comply with the court's order, or if theemployer fails to comply with the health benefit plan coveragenotice, the court may, after notice to the employer and ahearing, impose a fine against the employer, not to exceed fivehundred dollars.

(L. 1993 S.B. 253 § 18)

Effective 5-26-93