Warning: include(/var/chroot/home/content/e/m/p/emplawfirm/html/list.php) [function.include]: failed to open stream: No such file or directory in /home/content/24/7172424/html/index.php on line 13

Warning: include() [function.include]: Failed opening '/var/chroot/home/content/e/m/p/emplawfirm/html/list.php' for inclusion (include_path='.:/usr/local/php5/lib/php') in /home/content/24/7172424/html/index.php on line 13

Warning: session_start() [function.session-start]: Cannot send session cookie - headers already sent by (output started at /home/content/24/7172424/html/index.php:13) in /home/content/24/7172424/html/libraries/joomla/session/session.php on line 423

Warning: session_start() [function.session-start]: Cannot send session cache limiter - headers already sent (output started at /home/content/24/7172424/html/index.php:13) in /home/content/24/7172424/html/libraries/joomla/session/session.php on line 423

Warning: Cannot modify header information - headers already sent by (output started at /home/content/24/7172424/html/index.php:13) in /home/content/24/7172424/html/libraries/joomla/session/session.php on line 426
St. Louis Missouri Labor & Employment Law Firm | Employment Law Blog | Kansas City Doctor Office Did Not Discriminate Against Doctor With Heart Condition
Call Us Now : (314) 645-4100
MISSOURI LABOR AND EMPLOYMENT LAW
Kansas City Doctor Office Did Not Discriminate Against Doctor With Heart Condition

Kansas City Doctor Office Did Not Discriminate Against Doctor With Heart Condition But He Was Still Wrongfully Discharged

The Western District of the Missouri Court of Appeals recently affirmed a jury verdict rendered against the plaintiff in his action against Kansas City gastroenterology doctor's office for disability discrimination. Brand v. Kansas City Gastroenterology, WD71061 (Mo.App.W.D. 1-18-2011).

Plaintiff Brand is a medical doctor specializing in gastroenterology and liver disease. He was approached by Defendant Kansas City Gastroenterology & Hepatology, LLC to join the office as an employee in July 2003. The doctor informed Defendant that he had a heart condition and had previously suffered a heart attack. He then accepted the employment offer on the condition that he would be eligible to participate in the Defendant's group health insurance program, including coverage for his ongoing treatments. The doctor then signed an employment agreement and began his employment with Defendant.

Over two years later Defendant demanded that the doctor sign an independent contractor agreement which would essentially remove him from any coverage under the group health plan. After he rejected the independent contractor agreement, Defendant fired him.

The doctor brought several claims against the Defendant, including a one count of disability discrimination and one count of wrongful discharge. He argued that he had been discriminated against on the basis of his heart condition and that he was wrongfully terminated for refusing to sign the new agreement under which he would be denied health insurance coverage.

Ultimately, the Western District Court of Appeals upheld a jury verdict finding that the doctor had not suffered disability discrimination. However, while the jury in the trial court did not find that the doctor's health condition was a contributing factor in Defendant's decision to alter the terms of his employment it did find in favor of him on his claim for wrongful discharge. In affirming the jury's verdict, the Court noted that while there was evidence that the doctor's job performance was deficient and that this could have constituted cause for termination, "[t]his evidence came from defendant's witnesses, . . . and the jury was entitled to disbelieve it."

 

Comments  

 
0 #3 profile 2016-12-19 11:09 Quote
 
 
0 #2 luigi4235 2015-03-03 11:18
Quote
 
 
0 #1 luigi4235 2015-02-21 14:21
▬▬ι═══════ﺤ -═══════ι▬▬
+++thatsafunnypic.com+++
Quote
 

Add comment


Security code
Refresh