Lawyers, Answer Questions  & Get Points Log In
Missouri Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Immigration Law for Missouri on
Q: I can't reach out to the Police depart in China to get my non-criminal record as a foreigner! What should I do?

Been requested to get my non-criminal record from China as I lived there for 2 years ! It's for work visa application! But I've already left China and returned to my home country.

Jingzhan Wang
Jingzhan Wang
answered on Nov 15, 2022

You could trust a local lawyer to represent you, where you need give a letter of POA to authorize him/her to work for you.

1 Answer | Asked in Employment Law, Arbitration / Mediation Law and Small Claims for Missouri on
Q: I was fired from my job without explanation and without witnesses. I received my termination agreement 4 days after

asking for it several times, and which included paragraphs holding the co. harmless re: age discrimination and other things. This was not discussed at the termination nor covered in the Employee Handbook. They are holding my last promised pay until I agree to this. I have email trail. Missouri is... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Nov 14, 2022

Attorneys are not allow to solicit business through their responses on Justia. You'll have to reach out to an attorney directly.

There is a good Missouri statute on unpaid wages but it must be followed strictly in order for the clock to start ticking on the employer. Some attorneys...
Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: In Missouri, can an employer force me to work a certain day - that’s my dayoff - with only five days notice?

Halloween for personal reasons I will be a crying mess. I didn’t ask it off specifically because it’s my usual day off and I just found out a couple days ago that I have to work that day. And they’re threatening to write me up if I don’t show. Do I have any protection? Recourse?

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Oct 28, 2022

Unfortunately, your only recourse is to find other employment because no statute prevents the employer’s actions. You’ll have to decide whether not showing up is worth potentially getting fired or otherwise disciplined. Maybe you can find a Halloween party on another day.

1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for Missouri on
Q: I signed a 90 day contract with my temp agency to work at a job site. I worked over a year then termination.

I never received and benefits and I never received the sign on bonus that was promised after being hired after 90 days. They hired new employees and kept me as a temp and then made me do a background check to keep my temporary job. then used it to terminate me. Can I take them to court for the... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Oct 20, 2022

Sorry to hear that the employer did you wrong. Absenet a binding arbitration agreement in your contract you may sue in court. I suggest that you have an attorrney review the contract and assess the situation. For employment matters, attorneys sometimes represent clients on a contingency... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: What can I do if a raise I was promised was given to me months too late?

I was promoted in January 2022, with this promotion came a raise. However I found out recently, I was not given the raise until the middle of the year. I was promoted in January as scheduled and did all the extra work that came along with my new position, and I was doing it for minimum wage for... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 19, 2022

Unfortunately, federal wage laws only protect against minimum wage and overtime pay violations. However, you should discuss this issue with your manager or human resources department if you have not already - they may agree to reimburse you for the difference in pay since you were promoted.

2 Answers | Asked in Employment Law for Missouri on
Q: can a warehouse make you wear a ponytail if you don't work around or pass thru any machinary
Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Sep 18, 2022

Unless the employer is discriminating against a work based upon the worker's being in a protected class, yes. It's no different than the employer mandating the an employee wear orange shoes with polka dots--odd and perhaps not rational--but not unlawful.

View More Answers

1 Answer | Asked in Employment Law and Employment Discrimination for Missouri on
Q: a new hire is doing the same job as me but without experience is making $10,000 more than me, what can i do?

I have 20 years experience, the new hire has none. I have to train this person as well.

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Sep 1, 2022

You can ask for a raise. You can also look for a different employer becasue you probably have skills that merit a higher salary.

1 Answer | Asked in Identity Theft and Employment Law for Missouri on
Q: Can a company require you to wear a credit card as a company ID badge?

It's a corporate card with access to both company and my personal funds. It has a picture but is not microchipped. This is the company ID as well. They require it to be worn visible on site. I'm getting ready to pay a year's worth of taxes so that's a pretty good amount of money on the card.

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Aug 29, 2022

Your employer's practice strikes me as odd, but Missouri is an employment at will state and in general an employer is not prohibited from enacting odd workplace rules and terminating employment if an employee won't abide.

If you haven't done so, I suggest you voice your...
Read more »

1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for Missouri on
Q: Do I have a case for unlawful termination and can I sue ?

I was allowed to start working at a nursing home before the pre employment background check was conducted.2 months later, I was terminated because the background check showed an arrest for kidnapping and burglary, to which I am not guilty of,but no conviction. The case is still pending in court and... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Aug 8, 2022

Missouri is an employment-at-will state. With limited exceptions, an employer may terminate an employee at will and doesn’t need to be fair.

1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Can I beat a non compete agreement, and is it harrasment if they get me fired from a new job and lie to unemployment?

I worked for an old-time photo studio in Branson, Mo. I was fired for going on family vacation, after I gave a 3-month notice. Two weeks before time to go I was told if I went, I would not have a job when I returned home. I had already payed for the house and pre-paid tickets costing over $2000.... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Aug 8, 2022

You should hire an attorney to review the non-competition agreement and provide you with his or her opinion of its enforceability. I have no opinion on whether it is enforceable, but the answer to your question, if you are asking how the new company could terminate your employment, lies with the... Read more »

1 Answer | Asked in Employment Law and Banking for Missouri on
Q: Can a bank fire me for forgetting my password

I could not remember my login password at my bank job and I was terminated

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Jul 18, 2022

Missouri is an employment-at will state. As such, an employer may fire an employee for such a reason or even for no reason.

1 Answer | Asked in Employment Law for Missouri on
Q: Do i have to clock out for lunch if i work through it?

Unsupervised pest control job. In three years i've never been enforced to clock out until now when a new manager comes in

Rebecca Hill
Rebecca Hill
answered on Jun 20, 2022

You should call an attorney to discuss your situation. Under the Fair Labor Standards Act employers are not required to pay employees for "bona fide" lunch breaks that last 20 minutes or more. However, if you are required to keep working after you clock out for lunch, the lunch break is... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: My boss has asked me to provide EMDR counseling for past trauma he experienced as a child. Can I ethically do this?
Rhiannon Herbert
Rhiannon Herbert
answered on Jun 15, 2022

There is nothing inherently wrong with providing these services to a supervisor, provided you are licensed to provide such counseling.

1 Answer | Asked in Employment Law for Missouri on
Q: I am a supervisor an employee has made two harassment issues against me both coming out false. Can I do anything

An employee has filed two toxic work environment claims against me and after being investigated they came out in my favor. Any time I correct her on her job or have to take disciplinary action against her she files more paper work in HR. It’s making it to where I’m afraid to do my job as a... Read more »

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 14, 2022

Nothing. Taking any action will look like retaliation on your part. Understand that anyone that keeps making unsubstantiated allegations will have little credibility. If it were me, I would ask for a sit down with a Manager in Human Resources. At the meeting, express concern about how best to... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Missouri on
Q: Does an employer have the right to deny an employees doctor's note stating he should only work 1 Saturday per month?

If the condition is something categorized by ADA as being a chronic condition. And the overtime hours that he'd be working were never discussed.

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 11, 2022

Generally speaking, the terms of employment are between the parties and can be changed at anytime, and a doctor’s note need not be accepted by an employer. The exception is if the employer has enough employees to be covered by the ADA and the situation deals with a reasonable accommodation... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: Does retention of the president require a majority vote of BOARD MEMBERS PRESENT or a majority of ALL VOTING MEMBERS?

The vote was 4-2 not to retain, with two voting members absent.

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 10, 2022

No one can answer your question without having access to the bylaws.

2 Answers | Asked in Employment Law and Employment Discrimination for Missouri on
Q: Missouri statue on a noose being hung at my job by my supervisor 7-8 years ago and I have a witness?
Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Apr 5, 2022

7 years is way past the statute of limitations for employment discrimination.

View More Answers

1 Answer | Asked in Employment Law and Constitutional Law for Missouri on
Q: Is the NFL's new rule making all teams hire only non-white asst offensive coach a violation of the constitution?

Can you legally make me hire from one group and not from all others? If so, please explain to me how this is possible? I have 30 employees in a very diverse group, all nationalities, religions, gender, straight and not. But this new NFL rule has me concerned that in time it will be the government... Read more »

Robert Grant Pennell
Robert Grant Pennell
answered on Mar 30, 2022

The US Constitution places limits on government action, not on the conduct of private parties or organizations, such as the NFL. This is a common misconception among laypersons.

2 Answers | Asked in Employment Law and Family Law for Missouri on
Q: Are companies required to pay by law if you are off with COVID and unvaccinated. Vaccinated people get paid if off.

they have made it a policy that if vaccinated then you will get paid for being off with COVID and if unvaccinated you will not get paid. I see that as discrimination, that is no different than sexual preferences, race etc.

Robert Grant Pennell
Robert Grant Pennell
answered on Mar 3, 2022

There is a big difference between this and sexual preferences, race. Federal law prohibits employment discrimination on the basis of race, sex, age (40+), religion, national origin, or disability. Discrimination on any basis other than against one of those special classes is perfectly legal. As an... Read more »

View More Answers

1 Answer | Asked in Employment Law for Missouri on
Q: Is it legal for a company to charge me for a large sum of liquidated damages for quitting a job.

I quit a company and in the contract I signed it says that I could be charged $36,000 if I quit before my two year contract ended. The company works by training you for 12 weeks and then contracting you out to tech companies. I left halfway through the training and have seen multiple posts saying... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Feb 28, 2022

You should hire an attorney to review the entire contract. Under Missouri law, penalties are not enforceable but liquidated damages are. Whether the contract deems the fee "liquidated damages" is not necessarily dispositive, but liquidated damages provisions are commonly enforced.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.