While most disciplinary actions and dismissals are systematic but slow, there are some offenses that warrant immediate dismissal if sued for wrongful termination. These include offenses that directly endanger others or damage company interests. However, due process is still required to justify the termination to a court. Employers cannot discharge employees due to child support orders or garnishments, and courts can impose penalties on employers who wrongfully discipline or fire employees in these situations.

1. The displine and discharge producer describe in this chapter are systematic but rather slow. In
your openion, are there some offenses that should lead to immediate dissmissal, and if so, how
would you justify this to a court if you were sued for wrongful discharge?
Solution
1. An employer shall not discharge or otherwise discipline, or refuse to hire, an employee as a
result of an order or notice issued pursuant to the provisions of sections 454.600 to 454.645. If
any such employee is discharged within thirty days of the date upon which an order for health
benefit plan coverage is to take effect, there shall arise a rebuttable presumption that such
discharge was a result of such order. This presumption shall be overcome only by clear, cogent
and convincing evidence produced by the employer that the employee was not terminated
because of the order.
2. Any obligor who is aggrieved as a result of a violation of this section may bring a civil
contempt proceeding against the employer by filing an appropriate motion in the cause of action
from which the order for health benefit plan coverage was issued. The director is also authorized
to bring an action in circuit court to determine whether there has been a wrongful discharge or
discipline under this section.
3. In either action cited above, if the court finds that the employer discharged, disciplined, or
refused to hire the obligated parent as a result of the order or notice, the court may order the
employer to reinstate or hire the obligor, or rescind any wrongful disciplinary action. Further, the
court may enter judgment against the employer for the back wages, costs, attorney's fees, and
for the amount of health benefit plan employee or employer contributions or premiums and child
support which should have been withheld and paid over by the employer during the period of
time the employee was wrongfully discharged. If, after the entry of such an order, the employer
refuses without good cause to comply with the court's order, or if the employer fails to comply
with the health benefit plan coverage notice, the court may, after notice to the employer and a
hearing, impose a fine against the employer, not to exceed five hundred dollars.