Effective 26 May 1993, see footnote
454.645. Discharge, discipline prohibited — rebuttable presumption — civil contempt proceeding authorized, procedure. — 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.
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(L. 1993 S.B. 253 § 18)
Effective 5-26-93
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