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Behr, McCarter & Potter Obtains Defense Verdict in Workers' Compensation Retaliation Case

After extended litigation, John Torbitzky and Dudley McCarter obtained a defense verdict in a case alleging employment retaliation in violation of the Missouri Workers’ Compensation laws. The plaintiff sued her former employer, the University of Missouri, alleging that she had been terminated in retaliation for exercising her workers’ compensation rights following a workplace injury.


Following a four-day trial, Judge Joan Moriarty of the City of St. Louis Circuit Court entered judgment in favor of the University finding that “[t]he credible evidence admitted at trial only supports a finding that the decision to terminate Plaintiff was made prior to the relevant injury and subsequent worker’s compensation claim.” The court further noted that “[n]o evidence was presented at trial that would support a finding that the decision to terminate Plaintiff’s employment was in any way connected to her workers’ compensation claim.”


The plaintiff’s proposed findings of fact and conclusions of law sought an award of $540,000 in equitable front pay.


For more information regarding the case and comments from Plaintiff’s counsel, see the attached article, provided here with permission of Missouri Lawyers Weekly.


Missouri Lawyers Weekly - Volume 34 Number 26



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