(Download) "Charles W. Johnson v. Kraft General Foods" by Supreme Court of Missouri ~ eBook PDF Kindle ePub Free
eBook details
- Title: Charles W. Johnson v. Kraft General Foods
- Author : Supreme Court of Missouri
- Release Date : January 25, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Appellant Charles W. Johnson (Johnson) filed suit in the Circuit Court of Greene County against respondent, Kraft General
Foods, Inc. (Kraft), alleging that Kraft discharged him from employment in violation of § 454.505.10, RSMo Supp.
1992. In response to Johnson's petition, Kraft filed a motion to dismiss under Rule 55.27(a)(6) for failure to state a claim
for which relief can be granted. Finding that § 454.505.10 does not authorize a private cause of action, the trial
court sustained the motion to dismiss. Johnson then sought review in the Missouri Court of Appeals, Southern District. A panel
of that court, by a two-to-one vote, held that the statute did create a private cause of action and reversed the trial court's
dismissal order. This Court granted transfer and now decides the case as if originally appealed to this Court. Mo. Const.
art. V, § 10. The judgment of the trial court is affirmed. 1 According to the petition, Kraft hired Johnson as an at-will employee beginning in July, 1992. In December, 1992, Kraft received
a court order to withhold from Johnson's pay the sum of $450 per month for delinquent child support. On that same day, Kraft
terminated Johnson's employment. Kraft did so, according to Johnson, because of the withholding notice.
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