290.140. Letter of dismissal, when--failure to issue, damages--punitive damages, limitations.
Letter of dismissal, when--failure to issue, damages--punitivedamages, limitations.
290.140. 1. Whenever any employee of any corporation doingbusiness in this state and which employs seven or more employees,who shall have been in the service of said corporation for aperiod of at least ninety days, shall be discharged orvoluntarily quit the service of such corporation and whothereafter within a reasonable period of time, but not later thanone year following the date the employee was discharged orvoluntarily quit, requests in writing by certified mail to thesuperintendent, manager or registered agent of said corporation,with specific reference to the statute, it shall be the duty ofthe superintendent or manager of said corporation to issue tosuch employee, within forty-five days after the receipt of suchrequest, a letter, duly signed by such superintendent or manager,setting forth the nature and character of service rendered bysuch employee to such corporation and the duration thereof, andtruly stating for what cause, if any, such employee wasdischarged or voluntarily quit such service.
2. Any corporation which violates the provisions ofsubsection 1 of this section shall be liable for compensatory butnot punitive damages but in the event that the evidenceestablishes that the employer did not issue the requested letter,said employer may be liable for nominal and punitive damages; butno award of punitive damages under this section shall be basedupon the content of any such letter.
(RSMo 1939 § 5064, A.L. 1941 p. 330, A.L. 1982 S.B. 747)Prior revisions: 1929 § 4588; 1919 § 9780; 1909 § 3020
CROSS REFERENCE:
Employee dismissal rights, damage action, time limitation, RSMo 516.140
(1985) Actual damages in a "service letter" case are proven by showing that the plaintiff was refused employment or hindered in obtaining employment, due to the absence or inadequacy of a service letter, that the position plaintiff was refused or hindered in obtaining was actually open, and the rate of pay of that position. Gibson v. Hummel (Mo.App.E.D.), 688 S.W.2d 4.
(1985) An award of punitive damages based on the failure to provide a service letter is improper except upon a showing of actual or legal malice. Comerio v. Beatrice Foods Co., 616 F.Supp. 1423 (D.C.Mo.).
(1986) An employer which fails to issue the service letter within forty-five days of it being requested may be liable for punitive damages. Talbert v. Safeway Stores, Inc. 651 F.Supp. 1563 (W.D.Mo.).
(1986) A statement that termination is due to "unsatisfactory work performance" is insufficient as a matter of law under this section. Gloria v. University of Health Sciences, 713 S.W.2d 32 (Mo.App.W.D.).
(1987) Legal malice must be proven in order to recover punitive damages pursuant to this section and such malice must be averred generally in the petition. Willett v. Slay Warehouse Co., Inc., 735 S.W.2d 60 (Mo.App.E.D.).
(1987) Legal malice or the deliberate failure to provide a service letter knowing that an individual has requested one perhaps may be shown in order to recover punitive damages by proving that this section was cited in the request for a service letter. Fink v. Revco Discount Drug Centers, Inc., 666 F.Supp. 1325 (W.D.Mo.).
(1990) Letter requesting statement of reasons for employee's discharge signed only by the employee's attorney and not by the employee is not a valid request for a service letter. Zeman v. V.F. Factory Outlet, Inc., 911 F.2d 107 (8th Cir.).
(1990) Discharged employee not entitled to actual damages for an employer's violation of service letter statute for false statements unless employee can show evidence that prospective employer saw letter and held it against employee. Employee could seek nominal damages. Prewitt v. Factory Motor Parts, Inc., 747 F.Supp. 560 (W.D.Mo.).