IN THE CIRCUIT COURT OF THE 19th JUDICIAL CIRCUIT

OF MISSOURI, COLE COUNTY

LAURA THOMASON, )
)
Plaintiff ) Cause No.:
)
v. )
) Division:
COMPASS GROUP USA, INC. )
)
Serve Agent at: )
)
CSC-Lawyers )
Incorporating )
Service Co. )
221 Bolivar St. )
Jefferson City, MO 65101 )
)
)
Defendant. ) JURY TRIAL DEMANDED
)

PETITION FOR DAMAGES

COMES NOW, Plaintiff Laura Thomason (“Plaintiff” or “Ms. Thomason”), by and

through undersigned counsel, and for her Petition for Damages, states as follows and affirms that

the facts stated herein are true according to her best knowledge and belief:

PARTIES AND VENUE

1. Plaintiff is citizen residing in Cole County in the State of Missouri.

2. Defendant Compass Group USA (“Defendant” or “Compass”) is a foreign corporation duly

organized and existing by virtue of law, registered to conduct business in Missouri and conducting

operations in Jefferson City, Missouri.

3. Defendant employed Plaintiff within Cole County.

4. Venue is therefore appropriate in the Cole County, pursuant to Rule 508.010.

 5. Plaintiff demands a trial by jury on all issues so triable in this case.

FACTS COMMON TO ALL COUNTS

6. Plaintiff began working for Defendant as an Integrated Health Specialist in February of

2018.

7. Ms. Thomason was charged, as part of her job, with checking in on the health and welfare

children in precarious circumstances, who were within the Center for Human Services (“CHS”)

caseload.

8. CHS contracted with, and paid Defendant for these services.

9. Plaintiff performed remarkably in that role, displaying extreme dedication to serving both

the company and the children she was helping.

10. A co-worker named Derinda Ofori explicitly warned Plaintiff, on one occasion,

“You will get fired” when she stated her intent to go public over child welfare issues.

11. Plaintiff’s responsibilities included oversight of a minor by initials A.L.

12. A.L. was in an abusive situation with regard to her father, and, on a third visit,

displayed scarring on her neck.

13. Of course, Ms. Thomason reported this, as well as a report of sexual abuse, to

Defendant and CHS.

14. However, nothing was done and a Cole county caseworker denied seeing any scars.

15. The child told Ms. Thomason that she was simply told she would be “kept an eye

on.”

16. Obviously, this response was disturbing and unacceptable, but also representative

of a callous attitude toward child welfare on the part of Defendant.

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 17. Both the caseworker (Jessie) and Juvenile had been contacted multiple times by

Plaintiff regarding A.L.

18. On or about ___, the child was then left overnight in the care of an 18-year old male

who was having a relationship with the child, and a confrontation involving the police occurred

that night.

19. Both Plaintiff and the 8th grade counselor called Children’s Division on multiple

occasions about trying to get A.L. proper care and protection, to no avail.

20. The father was ultimately arrested.

21. Ms. Thomason then encouraged A.L. and the mother to pursue criminal charges for

abuse, but Justice Juvenile Officer Melissa Wilkerson tried to dissuade the mother from doing so,

frightening her with threats that she herself (the mother) would be arrested.

22. In the end, nothing was done to protect the child and resentment against Plaintiff

grew on the part CHS, until it ultimately culminated in her illegal discharge, following her stated

intent to make these serious, ongoing issues public, by going to local media.

23. Although she was told she was terminated for because Children’s Health Services

(“CHS”) did not want to work with her and had made her retention untenable, this explanation was

pretextual.

24. Upon information and belief, CHS ever actually expressed this to Defendant.

25. No progressive discipline or warnings were issued to Plaintiff prior to her summary

discharge.

26. No good faith attempt was made to reassign Plaintiff.

27. Plaintiff was terminated for her engaging in protected activity, specifically her

statement of intent of going to the media regarding the negligence of Defendant with regard to the

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care of A.L. and her advocacy, above and beyond her job responsibilities, of continuing to

challenge the decisions of her superiors.

28. Plaintiff in fact did contact local media, specifically, _________.

COUNT I - RETALIATION/ILLEGAL DISCHARGE IN VIOLATION OF THE

MISSOURI WHISTLEBLOWER STATUTE, MO. REV. STAT. 285.575

29. Plaintiff hereby incorporates by reference all preceding Paragraphs.

30. MO Rev. Stat. § 285.575 (the “Act”) provides that “it shall be an unlawful

employment practice for an employer to discharge an individual defined as a protected person in

this section because of that person’s status as a protected person.”

31. Plaintiff reported serious misconduct to her employer which was in violation of a

clear mandate of public safety/policy, as articulated by statutes and regulations cited herein, and/or

refused to carry out directions to violate said policy, making her a “protected person” under the

Act.

32. Said policy is formally articulated by Missouri law, specifically _______.

33. Defendant stepped out of her defined responsibilities in her complaints, including

by stating her intent to contact media and by continuing to advocate for A.L. over the objections

of her superiors.

34. Plaintiff was illegally discharged and retaliated against by Defendant due to her

complaints about a specific, widespread, and substantial dangers to public and child safety, and/or

her refusal to cooperate, in violation of MO Rev. Stat. 285.575.

35. Plaintiff’s protected activity played a role in the termination and had a

determinative influence.

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 36. Plaintiff’s termination on or about October 1, 2020 was clearly pretextual and

illegal.

WHEREFORE, Plaintiff respectfully requests judgment, pursuant to verdict by jury, in her

favor in an amount that is fair and reasonable for actual damages, back pay, front pay, liquidated

damages, interest on damages, for her attorney’s costs and fees, and for such other and further

relief to which the Court deems just and proper, in an amount to be determined but in excess of

$25,000.

COUNT II – WHISTLEBLOWING/COMMON LAW

EMPLOYMENT-AT-WILL EXCEPTION

72. Plaintiff incorporates by reference all previous Paragraphs as though fully set

forth herein.

73. Plaintiff reported violations of law and of well-established and clearly mandated

public policy to superiors, as set forth above.

74. Plaintiff was terminated after reporting the violations to superiors.

75. Plaintiff reported violations of law and of well-established and clearly mandated

public policy, as set forth above.

76. Plaintiff was terminated from her employment by Defendants after reporting

unsafe and illegal activities.

77. Plaintiff reporting of the violations of law and of public policy were a

contributing factor in her discipline and ultimate termination from employment.

78. Plaintiff’s termination was the direct and proximate cause of the emotional,

psychological injuries that Plaintiff now suffers from, including Stress Disorders, Anxiety, and

Depression.

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 79. Plaintiff’ termination was the direct and proximate cause of the loss of wages and

other benefits attendant to her employment.

80. Defendant’s actions were outrageous because of evil motive or reckless

indifference to the rights of others and, accordingly, Plaintiff is entitled to an award of punitive

damages.

81. Upon information and belief, a Missouri trial court has ruled that MO Rev. Stat. §

285.575 does not preempt this common law claim due to lack of legislative authority to do so

and, if so required, Count II of this Petition may be read as an alternative Count.

WHEREFORE, Plaintiff asks that the Court enter judgment in her favor and against

Defendant, in an amount in excess of $25,000.00 for back pay, front pay, compensatory and

punitive damages, pre and post judgment interest, attorney’s fees, costs, any other relief provided

under the law and such further relief as the Court or jury deems appropriate.

Respectfully Submitted,

_/s/ Jeffrey D. Hackney________________

Jeffrey D. Hackney
Missouri Bar No. 53158
HKM Employment Attorneys, LLC
13321 N. Outer 40 Rd, Suite 500
Town & Country, Missouri 63017
Telephone: 314-448-4282
E-Mail: jhackney@hkm.com
Attorney for Plaintiff