Loethen v. Central Missouri Urology Clinic, Inc.

48 S.W.3d 126, 2001 Mo. App. LEXIS 1150, 2001 WL 722107
CourtMissouri Court of Appeals
DecidedJune 28, 2001
DocketNo. 23905
StatusPublished
Cited by4 cases

This text of 48 S.W.3d 126 (Loethen v. Central Missouri Urology Clinic, Inc.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Loethen v. Central Missouri Urology Clinic, Inc., 48 S.W.3d 126, 2001 Mo. App. LEXIS 1150, 2001 WL 722107 (Mo. Ct. App. 2001).

Opinion

BARNEY, Judge.

Teresa Loethen, (“Appellant”) appeals from the judgment of the Circuit Court of Phelps County in favor of Central Missouri Urology Clinic, Inc., (“the Clinic”), following a bench trial arising from Appellant’s claim that she was unlawfully discharged from her employment because she was pregnant. Appellant raises two points of trial court error.

In her first point Appellant asserts that the trial court’s judgment is against the weight of the evidence and erroneously applies the law. In her second point she alleges that the trial court erred in ordering Appellant to pay court costs and other miscellaneous expenses, contrary to sec[128]*128tion 213.111, because sufficient evidence was presented at trial to show a foundation for the suit.1

Viewed in a light most favorable to the judgment of the trial court, the record shows that Appellant was hired in November of 1996 by Dr. Shaw P. Wan (“Dr. Wan”), president of the Clinic, to work as a medical transcriptionist. Appellant was paid a salary of $1,400.00 per month. She was also granted personal vacation days and medical health coverage. There was no provision in her “Agreement of Employment” covering pregnancy leave. Appellant worked for Dr. Wan and one other doctor, Dr. Kaczmarek, under the supervision of Judy Wilmont, the office manager of the Clinic.

In June of 1997, Appellant learned she was pregnant and informed Ms. Wilmont and Dr. Wan. Appellant’s husband was in the United States Army and she was authorized the use of military health facilities. Appellant began using the military hospital in Fort Leonard Wood, Missouri, approximately 40 minutes away from the Clinic, for her prenatal care. Her doctor’s appointments were often in the daytime, during her regular working hours. She was allowed to make these appointments during work hours and her pay was never docked for these absences.

Appellant was concerned about using her personal vacation days to make these appointments, thereby leaving her without days to take off for maternity leave after the birth of her child. While Appellant’s “Agreement of Employment” with the Clinic did not include paid maternity leave, Dr. Wan permitted Appellant to borrow vacation time from the personal leave time she was expected to accumulate during the following year. Dr. Wan also offered to purchase a laptop computer so that Appellant could work at home for a few weeks following delivery of her baby.

On January 25, 1998, Appellant approached Dr. Wan about contracting out his transcription work to Appellant so as to allow her to work solely at home. Dr. Wan told Appellant that he desired to keep the work at the office, out of concern for patient confidentiality. No agreement between the two was ever reached. The next day, January 26, 1998, Dr. Wan was informed by Ms. Wilmont that Appellant had informed her “that she wants to leave [sic] end of January, which was Friday, January 31st.” Dr. Wan acted surprised, but told Ms. Wilmont, “if she wants to do that, go ahead. Just give me a letter of resignation.” The record also shows that on the afternoon of January 26, 1998, Appellant went to a doctor’s appointment.

The following morning, January 27, 1998, Dr. Wan was informed by Ms. Wil-mont that Appellant had asked if that day, Tuesday, could be her last day at work, instead of January 31, 1998. Dr. Wan responded that he preferred that Appellant remain at work until the end of the week, as contemplated, because there was transcription work to be done. Dr. Wan never spoke directly with Appellant regarding when she desired to leave, but received all of his information from Ms. Wilmont. Later that afternoon, another employee, Amanda Allen, discovered confidential documents in a manila file folder on Appellant’s desk. It contained a copy of corporate minutes from a special board meeting of the Clinic and a copy of the Clinic’s disciplinary policy. The documents were then shown to Ms. Wilmont. She, in turn, advised Dr. Wan of this and asked him if she could tell Appellant to turn in her key and leave. He responded affirmatively and Ms. Wilmont advised Appellant to leave [129]*129the office. Ms. Allen then assumed some of Appellant’s duties. Later, while using the computer previously assigned to Appellant, Ms. Allen also discovered that some documents, known as macros — pre-prepared forms used at the Clinic — were missing.

Several days after being asked to leave, Appellant requested a service letter and requested the reason for her discharge. Ms. Wilmont drafted a letter, approved by Dr. Wan, which stated that Appellant was discharged for attempting “to remove corporate papers from [the] corporate office without permission, by placing same papers inside a corporate manila file folder, inside her personal Daily Planner. Leaving work without permission [on the] dates of December 31, 1997[,] and January 26, 1998. Work habits were inadequate for the previous three months.”

Appellant filed suit against the Clinic alleging that she was fired because she was pregnant and her discharge amounted to an unlawful discriminatory practice. In due course, the matter came up for a bench trial and the trial court determined that there was a legitimate, non-pretextual, and nondiscriminatory reason for Appellant’s discharge, because “she was copying and accumulating confidential forms and corporate documents for the purpose of taking them from the offices of Defendant.” This appeal followed.

The judgment of the trial court will be affirmed unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law. H.S. v. Board of Regents, Southeast Missouri State University, 967 S.W.2d 665, 668 (Mo.App.1998); Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). “The Court must uphold the judgment of the trial court under any reasonable theory pleaded and supported by the evidence.” H.S., 967 S.W.2d at 668. All evidence and inferences therefrom are viewed in a light most favorable to the prevailing party, while all contrary evidence is disregarded. Id.

Appellant argues that the trial court erred in ordering “that Plaintiff take nothing by this suit” because the judgment was against the weight of the evidence and erroneously applied the law, in that “the evidence presented herein established both direct and indirect evidence of discrimination in violation of Chapter 213, RSMo 2000.”

In these types of cases, federal courts have set out “a system of ‘burden shifting’ to unearth the relevant facts.” Midstate Oil Co. v. Missouri Comm’n on Human Rights, 679 S.W.2d 842, 845 (Mo. banc 1984); see also McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). In this analysis, the plaintiff must establish a prima facie case of discrimination by a preponderance of the evidence. Midstate Oil Co., 679 S.W.2d at 845. Once this has been shown, the “burden then shifts to the employer to articulate some legitimate, nondiscriminatory reason for its conduct.” Id. If and when the employer expresses a non-discriminatory reason for his or her conduct, the burden shifts back to the plaintiff to prove that said reasons offered by the employer are pretextual. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
48 S.W.3d 126, 2001 Mo. App. LEXIS 1150, 2001 WL 722107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loethen-v-central-missouri-urology-clinic-inc-moctapp-2001.