Lawyers, Answer Questions  & Get Points Log In
Missouri Employment Discrimination Questions & Answers
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 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 »

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 Discrimination and Employment Law for Missouri on
Q: Is it illegal for my employer to deny me an opportunity to make more money when a rotation in my title to do so is set.

Ok. Long story short. Huge order every home game for NFL team. Delivery drivers take the order. I am one. 11 years same company. Many unethical and illegal situations. This is most recent. So there is no confusion ,because the tip is generally a couple hundred dollars, a rotation for delivering was... Read more »

Robert Grant Pennell
Robert Grant Pennell
answered on Nov 20, 2021

There is nothing illegal about what you describe.

1 Answer | Asked in Employment Discrimination for Missouri on
Q: I declined a flu vaccine at work. My name was posted publicly.

Is this a HIPPA violation?

Robert Grant Pennell
Robert Grant Pennell
answered on Nov 18, 2021

Laypersons commonly misunderstand HIPAA to have broad application, but that is false. HIPAA doesn't apply to employers generally. It only applies to healthcare providers and those working with or on their behalf (i.e., health insurers, medical records providers, etc.). So, no. Your employer... Read more »

1 Answer | Asked in Employment Discrimination for Missouri on
Q: can a company tell me to cease applying to their company?
Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Jul 20, 2021

Yes. If a company doesn’t want you to apply then apply for jobs elsewhere. The job market is presently strong.

1 Answer | Asked in Employment Law and Employment Discrimination for Missouri on
Q: I submitted a background check upon interviewing with a company. They hired me. At orientation they asked for another

I never completed the second check yet the company fired me citing the second check and their corporate partners having an issue. Shouldn’t all that have been cleared up with my first check and if so are they at risk for discriminating against me

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Jul 2, 2021

It is unclear to me what type of unlawful discrimination you believe occurred. If you believe the discrimination was based upon your arrest record or criminal history the you might find this interesting. https://jobs.mo.gov/sites/jobs/files/criminal_background_check_dwd_12-2016_wioa.ppt... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: My employer denied my medical accommodation request saying that it had to be from an MD (which the EEOC said is a lie)

They are now retaliating by forcing me to recertify my FMLA since I’ve been on leave with major PTSD symptoms.

Carrie Dyer
Carrie Dyer
answered on May 25, 2021

There is no requirement that an request for a medical accommodation come from an MD. You should contact an employment law attorney in your area to discuss your situation in more detail and determine your options.

2 Answers | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Is this considered pay discrimination and is it against the Equal Pay Act?

Two Direct Sales Representative’s (DSR’s) have the same base salary, same job code and functions – which is to sell Internet+TV+Phone+Mobile to residential homes. The employer has selected 3 out of the entire salesforce and gave them the option to continue to make $160 per TRIPLE PLAY bundle... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on May 7, 2021

You didn’t state whether the difference is gender-based or just an across-th-board change applicable to men and women.

This might be helpful to you.

http://www.eeoc.gov/equal-paycompensation-discrimination

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: I have been cut down to 9 hours a week. I have only been working for 5 months so is there any hope for unemployment?

I simply cannot afford to continue working for 9 hours a week. Its 90 miles round trip 3 hours every other day. I am spending more money than im making. I have been submitting applications elsewhere for a couple weeks, with no luck. Do i have any option with unemployment until i can get a job with... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 3, 2021

You may be able to apply for partial unemployment. If you were hired on full time but your hours have since been drastically reduced, some states offer partial unemployment payments to assist with making up the difference in the hours you've lost.

1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: My former boss told me that I could not take off work for surgery and/or treatment for my cancer.

The business I use to work for only had 5-6 employees and i can't seem to find anything that says he has to let me off work because he doesn't have to grant FMLA, even though I had a doctor's note, he told me that I was not allowed to take time off work. It got brought up later on,... Read more »

Carrie Dyer
Carrie Dyer
answered on Nov 4, 2020

More information is needed to analyze your situation. As you mentioned, the Family Medical Leave Act - which provides job protection for medical leaves in some circumstances - does not apply to your employer because the business only employs 5-6 employees. Your cancer diagnosis would render you... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Would an employer be in violation of MO statute 115.639 for terminating an employee that requires time off to vote?

9am-7pm was My scheduled shift . As I received a reminder the day of the primary election. I requested the last 90 Min of my shift off to vote. My Supervisor replied via IM “Who approved this?” I advised this is a request, then asked are you denying or approving, I didn’t get a response. As... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Sep 22, 2020

Below is the statute. Based on your recitation of the facts, I questin whether you complied with the requrement that "that request shall be made for such leave of absence prior to the day of election."

Three hours off work to vote--interference by employer a class four offense....
Read more »

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Missouri on
Q: What is my employer allowed to say to me me at work as far as personal stuff that has nothing to do with work?

So my wife and I work at the same place and we know the owner on a personal level outside of work. Well we got into an argument over the weekend and now he's taking it out on us at work. He called my wife a lier and said she should be ashamed to be a mother. He also brought up some personal... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Aug 4, 2020

Missouri is an employment at will state. It is not unlawful for your employer to be mean, unprofessional, or rude. You have not articulated that any part of the situation was based upon your or your wife's membership in a protected class. If you believe there was unlawful discrimination you... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Missouri on
Q: What do i look at to see what this pertains to my paperwork

not sure what they mean ?

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Jul 3, 2020

Your post is too vague to answer. Please try again and give some context.

2 Answers | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Can an employer not pay you for hours you’ve already worked, because they feel as if the job wasn’t done properly?

I have a friend who works at an animal hospital and her job is to clean and care for the animals. She’s been left a couple notes regarding her cleaning in the past week, and now today her boss is telling her that she’s not getting paid for the work she’s been doing because they feel as though... Read more »

Kyle Anderson
Kyle Anderson
answered on Jan 30, 2020

I agree with Mr. Eisenberg. Typically, an employer must pay an employee for all hours worked and cannot make deductions based on the quality of the work. However, if the deducted pay still keeps her above the minimum wage rate (calculated by dividing her total compensation by the hours worked for... Read more »

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Are employers allowed to request a dr note from an employee every time there child or self is sick?

This is not a standard policy for all employees in this company

Greg Mansell
Greg Mansell
answered on Jan 22, 2020

Unfortunately, there is nothing the legally prohibits an employer from requiring a doctor's note for missed absences due to illness.

1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Missouri on
Q: Am I being harassed at work? Am I legally in the wrong, or am I right? I need help. Facing being fired.

Recently, I doodled on a medical document and upon finding out that it was prohibited, I told the Dir. of quality control, who then told me "Its okay.It happens" later on an incident with a coworker happened where she thought I posted a Facebook status about her. She kept texting me and I... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Jun 30, 2019

You aren’t going to want to hear this, but Missouri is an employment-at-will state. For termination purposes, it’s irrelevant whether your employer is mean or unfair. It cannot fire you on account of race, religion, national origin, etc., but can fire you over believe you did something... Read more »

0 Answers | Asked in Employment Discrimination, Employment Law, Federal Crimes and Sexual Harassment for Missouri on
Q: I recently quit my job because of a sexual harassment problem that was not resolved. Can I sue for missed time?

I was being sexually harassed at work and I let my manager know, and she did nothing for months. Then I told my next manager who told our hr lady who then called me and said it will be resolved and he will be fired which never happened. He was never reprimanded. When i found out he was still... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: I need help about weather a situation at a job is discrimination and weather it is illegal? If it is I also need to know

Who to report it to? It involves medical conditions and how a boss handled two employees very differently who are same level and same job only difference is gender and marital status. One employee was given the world and the other was punished and demoted plus had private information medical... Read more »

William C. Head
PREMIUM
William C. Head
answered on Aug 20, 2017

Too little detail to know about this. Very small businesses are not held to same standards as larger companies, that affect Interstate Commerce.

Best bet is to seek a FREE consultation with an employment attorney. Use this link:...
Read more »

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.