Dexter, MO asked in Employment Law for Missouri

Q: In MO can they fire you without reason? Do they have to tell you? Can they fire you for voluntarily quarantine?

Family member who is a server chose to quarantine till she got her results back.

Came back negative. Employer removed her from the employee directory system and has not told her if or why she has been fired.

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1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
PREMIUM
Answered
  • Chesterfield, MO
  • Licensed in Missouri

A: Unfortunately, in an employment-at-will situation, a Missouri employer can likely fire and employee for being responsible and voluntarily quarantining.

Here's Missouri's service letter statute.

290.140. Letter of dismissal, when — failure to issue, damages — punitive damages, limitations. — 1. Whenever any employee of any corporation doing business in this state and which employs seven or more employees, who shall have been in the service of said corporation for a period of at least ninety days, shall be discharged or voluntarily quit the service of such corporation and who thereafter within a reasonable period of time, but not later than one year following the date the employee was discharged or voluntarily quit, requests in writing by certified mail to the superintendent, manager or registered agent of said corporation, with specific reference to the statute, it shall be the duty of the superintendent or manager of said corporation to issue to such employee, within forty-five days after the receipt of such request, a letter, duly signed by such superintendent or manager, setting forth the nature and character of service rendered by such employee to such corporation and the duration thereof, and truly stating for what cause, if any, such employee was discharged or voluntarily quit such service.

  2. Any corporation which violates the provisions of subsection 1 of this section shall be liable for compensatory but not punitive damages but in the event that the evidence establishes that the employer did not issue the requested letter, said employer may be liable for nominal and punitive damages; but no award of punitive damages under this section shall be based upon the content of any such letter.

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