September 2010 Archives

September 17, 2010

St. Louis Sheriff's Department involved in employment discrimination case

arch.jpgSt. Louis sheriff James Murphy has been accused of ignoring racial problems within the department since he was elected in 1988.Two of his deputies sued him for employment discrimination, alleging they worked in a racially charged, hostile work environment because Murphy refused to discipline 3 other employees who hung a noose from some pipes in the St. Louis Civil Courts building in 2006, near where prisoners were held. The lawsuit also alleged that Murphy passed over black employees for promotions and gave those promotions to white employees. Plaintiffs also allege that they were retaliated against for complaining about the racial problems. A jury is currently deliberating this case.

Under the Missouri Human Rights Act, it is unlawful for an employer to discriminate based on race, among other things. It is also unlawful for an employer to retaliate against an employee for exercising his rights under the Missouri Human Rights Act.

September 9, 2010

Missouri auto accidents more likely to result in death if seat belts are not worn

Seat_belt_BX.jpgMissouri seat belt use went down in 2010 compared to 2009. Missouri vehicle drivers and passengers are already buckling up less than other states, 76% in 2010 compared to the 84% national average. This is based on a study conducted by the Missouri Department of Transportation of observations of drivers conducted in both rural areas and metropolitan areas like St. Louis.

According to 2008 automobile crash statistics, 67% of persons who died in a Missouri car accident were not wearing a seat belt. Not wearing a seat belt greatly increases the risk that you can be ejected from your car during an accident, or that you will crash into the steering wheel, windshield, or dashboard.

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September 7, 2010

Unemployment benefits discussed by Missouri Court of Appeals

unemployment map.pngWith many Missourians currently feeling the effects of the sluggish economy, seeking unemployment benefits has become a common practice for many Missouri residents. Unfortunately, many claimants are denied benefits that they should be entitled to receive. The Missouri Court of Appeals recently decided a case that discussed whether a worker "voluntarily" left her position.

Under Missouri unemployment benefits law, claimants are not entitled to benefits if they left work voluntarily. 288.050 RSMo. Whether an employee left their position voluntarily is not always such a clear question. The Missouri Court of Appeals recently determined that a woman who was experiencing car problems and was unable to arrive to work did not voluntarily quit her job. The underlying decision had determined that she had left voluntarily, but the Missouri Court of Appeals determined that because she had called into work and expressed a desire not to lose her job, she did not leave voluntarily.

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September 6, 2010

Missouri medical malpractice trial results in verdict for plaintiff

surgery.jpgA Missouri personal injury lawsuit based on alleged medical malpractice recently resulted in a $1.4 million dollar verdict for the plaintiff, Vickie Shaw. Ms. Shaw sued Dr. Daniel Weed in Clay County Circuit Court. She alleged that Dr. Weed was negligent by inaccurately diagnosing her with avascular necrosis, which resulted in the unnecessary performance of a total hip replacement surgery. She further alleged that the unnecessary surgery left her with permanent pain issues and caused one leg to lengthen, leaving her with uneven leg sizes. The trial lasted three days, and the jury needed less than four hours to rule in Shaw's favor.