MO Service Letter Request
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How strict should I be in deciding whether to treat a certified letter from a terminated ee as a request under the Missouri Service Letter Law? They did not refer to the law or the statute but sent a certified letter requesting the reason for term.
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Here is some information from Missouri Employment Law Letter editor John Vering. His contact info is at the end. Hope this helps. tk
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The Missouri Service Letter statute, V.A.M.S. 290.140 provides as follows:
1. Whenever any employee of any corporation doing business in this state and which employs seven or more employees, who shall have been in the service of said corporation for a period of at least 90 days, shall be discharged or voluntarily quit the service of such corporation and who thereafter within a reasonable period of time, but not later than one year following the date the employee was discharged or voluntarily quit, requests in writing by certified mail to the superintendent, manager or registered agent of said corporation, with specific reference to the statute, it shall be the duty of the superintendent or manager of said corporation to issue to such employee, within forty-five days after the receipt of such request, a letter, duly signed by such superintendent or manager, setting forth the nature and character of service rendered by such employee to such corporation and the duration thereof, and truly stating for what cause, if any, such employee was discharged or voluntarily quit such service.
2. Any corporation that violates the provisions of subsection 1 of this section shall be liable for compensatory but not punitive damages but in the event that the evidence establishes that the employer did not issue the requested letter, said employer may be liable for nominal and punitive damages; but no award of punitive damages under this section shall be based upon the content of any such letter.
The Service Letter Statute requires specific reference to the statute but does not explain how specific that reference needs to be. Clearly a reference to the specific statutory cite would comply but a reference to "Service letter statute" might be enough. I doubt that a certified letter simply asking for the reasons for termination would be adequate; however, there is no case law on this issue. When in doubt as to whether a request is valid, it is usually wise to respond to avoid the possible imposition of punitive damages.
John A. Vering
Armstrong Teasdale LLP
2345 Grand Blvd., Ste. 2000
Kansas City, MO 64108
Direct Dial Phone: (816) 472-3114
Firm Phone 816-221-3420
mobile/cell 816-898-3055
Toll Free Phone 800-243-5070X5226
Fax: (816) 329-5418
Alt. Fax: 816-221-0786
Email: [email]jvering@armstrongteasdale.com[/email]