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Missouri Employment Discrimination Questions & Answers
Q: Can I be refused an incident report after being hurt at work?

I was crushed against a wall and conveyer belt at work and had boxes of broken glass and busted gun powder thrown at me being hit by the boxes and then cussed at and death threats made since we had to stop production to save me from being completely crushed. My manager refused me a incident report... View More

2 Answers | Asked in Employment Law and Employment Discrimination for Missouri on
Q: Can an employer use different job titles for the same job in order to pay different wages to individual employees?

I am a kidney transplant coordinator for a hospital. Hospital has just started a bone marrow transplant program and has created "transplant coordinator" job titles averaging about 15,000 dollars more than my position which is classified as "nurse clinician".

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 26, 2023

In Missouri, what you describe is not unlawful on its face. Your employer cannot discriminate based upon your membership in a protected class, such as race or national origin, but an employer generally need not be fair or nice. I don’t know if the skills for the position differ. Even if they... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: I am a city employee. A citizen is making accusations against me.

The citizen said that she has pictures of me coming home during the day. I do at lunch but that is all. The mayor is unable to produce the pictures

T. Augustus Claus
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answered on Sep 13, 2023

First, review your work schedule and ensure that your actions are in line with your employment policies. If you have a designated lunch break, using it appropriately is important.

Document your daily activities, including your lunch breaks and any work-related trips. This documentation can...
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Q: I informed employer of surgery needed and less than a month later. Is this a case of wrongful termination?

when being layed off I asked if my health insurance will still be active and I received a verbal yes same day I was informed of being laid off. I never received any emails or letters in the mail or phone calls to inform me my insurance was being discontinued. Ended up following up with doctors and... View More

John Michael Frick
John Michael Frick
answered on Aug 25, 2023

If you chose to continue your health insurance coverage under COBRA and timely paid your premiums, your claim would be for breach of contract against your health insurance company, the contract being the health insurance policy.

1 Answer | Asked in Employment Law and Employment Discrimination for Missouri on
Q: I work in Missouri- and "At Will" state. My employer doesn't have an attendance policy. Can I be fired for attendance?

I have had to miss work because of a serious medical condition. My boss said it was okay, and then weeks later expressed concern about my attendance. I've never been given any warnings, and my boss said there is no attendance policy in place. Can I be fired for attendance under these circumstances?

Robert Grant Pennell
Robert Grant Pennell
answered on Aug 24, 2023

You answered your own question when you acknowledged that Missouri is an at-will employment state. At-will employees may be discharged at any time for any reason or no reason at all.

1 Answer | Asked in Employment Law and Employment Discrimination for Missouri on
Q: Had to get a new prosthetic it took 4 weeks. When I told my manager I could work again he hired someone.

So when I finally received my new prosthetic my boss told me he couldn't wait and had to hire someone else. He told let's play it by ear and that he might be able to get me a couple nights at the door. I was working 5 days a week in the kitchen and the job I was doing was built around me... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

Multiple questions here. First possible discrimination by failing to provide a reasonable accommodation to a physically handicaped employee. Next, possible violation of the Family and Medical Leave act, if you were employed for over a year and worked over 1250 hours during that time. Finally, an... View More

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... View 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... View More

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
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 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... View More

Ronald J. Eisenberg
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.... View 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... View 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... View 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
Ronald J. Eisenberg
answered on Apr 5, 2022

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

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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... View 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... View 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
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
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... View 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... View More

Ronald J. Eisenberg
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

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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... View 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,... View 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... View More

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