936 F. Supp. 2d 1084
E.D. Mo.2013Background
- Plaintiff Jack Noel, employed by SBC from 1979 to June 6, 2010, held progressively higher roles.
- Diabetes worsened by travel and managerial demands starting in 2007, leading to health crises and hospitalizations.
- Physicians urged travel restrictions which were ignored, contributing to health deterioration.
- Plaintiff repeatedly faced a Performance Improvement Plan (PIP) threatening termination, with hospitalizations in 2008, 2009, and 2010.
- Noel resigned on June 9, 2010 after health setbacks and a threatened termination, and is now disabled.
- This action was removed to federal court and the court construed the motion as one for judgment on the pleadings, addressing three counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Public policy wrongful discharge under MHRA preemption | Noel relies on public policy exception; MHRA remedies do not fully envelop common law | MHRA preempts public policy claims when it provides comprehensive remedies | Count I preempted by MHRA; judgment granted for defendants on Count I |
| MHRA claim timeliness | Accrual began at resignation date; not until then was action timely | Accrual began on prior notice or adverse action, e.g., December 2009 | Count II not time-barred; denial of judgment on the pleadings on timeliness ruling |
| Negligence resulting in injury — exclusive remedy | Employer negligence exceptions allow a common-law claim | Workers’ Compensation Act provides exclusive remedy for work injuries | Count III dismissed; exclusive remedy under Missouri Workers’ Compensation Act applies |
Key Cases Cited
- Fleshner v. Pepose Vision Institute, P.C., 304 S.W.3d 81 (Mo.2010) (public policy and MHRA interplay; preemption analysis)
- Margiotta v. Christian Hosp. Northeast Northwest, 315 S.W.3d 342 (Mo.2010) (at-will employment limits; public policy exception)
- Burns v. Smith, 214 S.W.3d 335 (Mo.2007) (exclusive remedy doctrine under workers’ compensation)
- Wallingsford v. City of Maplewood, 287 S.W.3d 682 (Mo.2009) (constructive discharge standard; intolerable conditions)
- Dring v. McDonnell Douglas Corp., 58 F.3d 1323 (8th Cir.1995) (MHRA statute of limitations accrual; ADEA context but distinguishable)
- Kelley v. DeKalb Energy Co., 865 S.W.2d 670 (Mo.1993) (nondelegable duty; workers’ compensation excludes other remedies)