In a case of first impression in Missouri, the Missouri Court of Appeals has held that an employee stated a valid claim against her employer where she alleged that she was wrongfully discharged in violation of public policy because of her decision to become an organ donor. The plaintiff, Phyllis Delaney, who was represented by Jonathan Berns and Jerome Dobson, volunteered to donate a kidney to her brother to help save his life. Delaney’s employer, Signature Health Care Foundation, initially approved her request for a four-week unpaid leave of absence to recover from the surgery, but later changed its decision and terminated Delaney’s employment, claiming that it could not hold her job open for four weeks. After Delaney filed a lawsuit against Signature Health Care Foundation, the trial court dismissed her claim on the ground that she failed to state a valid cause of action.
On appeal, the Court of Appeals held that it is unlawful for an employer to discharge an employee for acting in a manner that public policy would encourage. Because the public policy of Missouri encourages organ donation, as reflected by a number of different statutes, the Court of Appeals found that Delaney stated a valid claim against her employer.