GLENN A. NORTON, J.
Phyllis Delaney appeals the judgment dismissing her petition asserting a claim
The allegations in Delaney's petition are as follows: Employer is a non-profit corporation that offers physical therapy to its patients. Delaney was employed by Employer as a data entry clerk. Shortly after her employment commenced, Delaney learned that her brother was diagnosed with kidney failure and required a kidney transplant to survive. Delaney underwent testing to determine if she was a viable donor candidate. After being informed that she would be an appropriate donor, Delaney volunteered to donate a kidney to her brother. Delaney informed Employer of her decision and told Employer that she would be required to be out of work for four weeks following the surgery. After initially approving the request, Employer notified Delaney, three days before the scheduled surgery, that it could not hold open her position for four weeks. Employer then discharged Delaney.
Delaney filed a petition against Employer alleging she was wrongfully discharged in violation of public policy.
A trial court's grant of a motion to dismiss is reviewed de novo. Stabler v. Stabler, 326 S.W.3d 561, 564 (Mo.App. E.D.2010). We treat the facts contained in the petition as true and construe them liberally in favor of the plaintiff. Id. "If the petition sets forth any set of facts that, if proven, would entitle the plaintiff to relief, then the petition states a claim." Id.
In her sole point on appeal, Delaney claims that the trial court erred in granting Employer's motion to dismiss because her petition sets forth a submissible claim under the public policy exception to the at-will-employment doctrine. We agree.
Missouri follows the at-will-employment doctrine and generally allows an employer to discharge an at-will employee with or without cause. Drury v. Missouri Youth Soccer Ass'n, Inc., 259 S.W.3d 558, 565 (Mo.App. E.D.2008). However, Missouri Courts have recognized a public policy exception to the at-will-employment doctrine. Id. at 566. That exception establishes a cause of action for at-will employees who have been discharged in violation of a clear mandate of public policy reflected "in the letter and purpose of a constitutional, statutory, or regulatory provision or scheme, in the judicial decisions of state and federal courts, in the constant practice of government officials, and, in certain instances, in professional codes of ethics." Id. "To find otherwise would allow employers to discharge employees, without consequence, for doing that which is beneficial to society." Fleshner v. Pepose
Missouri Courts have recognized four categories of the public policy exception to the at-will-employment doctrine. Specifically, an employee has a cause of action when he or she has been discharged for: (1) refusing to perform an illegal act or an act contrary to a strong mandate of public policy; (2) reporting the employer or fellow employees to superiors or third parties for their violations of law or public policy; (3) acting in a manner public policy would encourage; or (4) filing a claim for worker's compensation. Hughes v. Bodine Aluminum, Inc., 328 S.W.3d 353, 356 (Mo. App. E.D.2010).
At issue in this case is the third category of the public policy exception.
Section 194.302 establishes an advisory committee to assist in the "development of organ donor awareness programs to educate the general public on the importance of organ donations." (emphasis added). Section 301.020.8 requires the director of revenue to inquire whether applicants for registration of motor vehicles are interested in making a donation to promote an organ donor program. Section 301.3125 establishes a "Be an Organ Donor" license plate for vehicle owners "to educate the public about the urgent need for organ donation." (emphasis added). Lastly, section 105.266.1(2) states that any employee of the State of Missouri shall be granted a paid leave of "[t]hirty workdays to serve as a human organ donor."
We reverse the trial court's judgment dismissing Delaney's petition and the cause is remanded for further proceedings in accordance with this opinion.
PATRICIA L. COHEN, P.J., and ROBERT M. CLAYTON III, J., concur.