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Missouri Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Missouri on
Q: Can a supervisor be fired if their staff report she told them to withhold information from documents and parents?

Documentation is required about consumers with DMH waivers. This information is also relayed to parents to aid with mental and physical health decisions.

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 21, 2022

Missouri is an at-will employment state, which means either you or your employer can terminate your position at any time and for any reason (or no reason at all). The one exception to this general rule is if an employee is targeted or selected for termination based on a discriminatory reason (i.e.... Read more »

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
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...
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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
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
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.

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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
Eva Zelson
Eva Zelson
answered on Sep 23, 2022

Unless the employee can prove that wearing their hair loose represents religious expression, then yes, the employer can make rules mandating ponytails in the warehouse, especially since this is likely a rule in place with everyone’s safety in mind. When employees wear their hair or facial hair in... Read more »

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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
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...
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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
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 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 Landlord - Tenant, Criminal Law, Employment Law and Arbitration / Mediation Law for Missouri on
Q: I feel like my landlord is engaged in Harassment and Stalking

Last summer, I was homeless. I started working for a guy that started renting a house to me. I worked 7 days a week nearly 14 hours a day. I took a day off and let him know beforehand. He would call asking where I was and I would remind him I was taking a day off. He would then start calling me... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 14, 2023

You didn’t ask a legal question. A reasonable next step would be to hire a local attorney to write a letter to your landlord.

1 Answer | Asked in Employment Law and Health Care Law for Missouri on
Q: A nurse practitioner at the mental health clinic I work at gave out my personal cell # to a patient without my consent

A nurse practitioner at the mental health clinic I work at gave out my personal cell The patient contacted me via text message on my day off wanting to schedule treatment. I am an administrative assistant and don't see any reason for my personal number to be shared.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 12, 2023

I'm sorry that this happended to you. Speak to the nurse practitioner's supervisor to make sure this doesn't happen again. It's up to you but I doubt that it will make finacial sense for you to pay an attorney by the hour to send a letter and engage in back and forth with the employer.

1 Answer | Asked in Employment Law for Missouri on
Q: My second day on the job a white man tells me his supervisor he don’t like black people in front of the other employees.

He does not follow the chain of command the director allows him to go over me directly to her then she relays the message

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 27, 2023

Other than the fact that someone said that someone else doesn’t like black people, I don’t follow your post. Please clarify your legal question.

1 Answer | Asked in Employment Law for Missouri on
Q: Sick days are part of my benefits package but my job says that they will not pay them out when you leave. Is that legal

I earn 12 days a year and have accumulated a lot. I do get paid for vacation days when I leave but not sick days

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 22, 2023

Most employers don't realize that unless they sign an employment contract that provides otherwise, when they leave employment they aren't entitled to accumulated sick days.

1 Answer | Asked in Employment Law for Missouri on
Q: Can a employer refuse you a witness to go into a meeting with you if you feel uncomfortable to go in by yourself ?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 15, 2023

I’m aware of no Missouri or federal law that gives you the right to have a witness present in a meeting with your employer.

1 Answer | Asked in Employment Law for Missouri on
Q: Can I demand my last check at time of termination?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 27, 2023

You may demand it. Missouri Revised Statutes Section 290.110 provides the procedure for formally demanding it and the potential liability of the employer who failse to comply.

1 Answer | Asked in Employment Law for Missouri on
Q: Is it legal for an employer to make an employee take a vacation day for a Friday off of a 4 day work week?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 21, 2023

Employers aren’t required to provide any vacation days. Therefore, this isn’t a matter of legally but rather whether the employer is breaching its contract with the employee.

1 Answer | Asked in Employment Law for Missouri on
Q: In Missouri, does my employer have to pay me for a mandatory zoom meeting?

Company is an LLC & employee is hourly

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 11, 2023

An hourly employee should be paid for attending a meeting, whether in person or online.

1 Answer | Asked in Employment Law for Missouri on
Q: I know someone worked 8 hours but the manager that told the person to work now says she didn't. Can that person sue the
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 12, 2022

Yes, an employee can sue for unpaid wages.

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 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
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.

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