Get free answers to your Employment Law legal questions from lawyers in your area.
I was terminated from my job due to health issues that my employer was aware of, including cognitive decline, mental health distress, and occasional falls. My leave lasted from May 25, 2024, to March 1, 2025, during which I frequently communicated my conditions to my employer by phone and text. A... View More 
answered on Apr 4, 2025
If you were discharged due to your disability as you allege, you would have a potential ADA case. However, I think you posted this before and said you had a "potential" but not "firm" return-to-work date when the Employer filled your position. Your job was no longer protected by... View More
I was terminated during a long-term leave of absence due to ongoing disabilities, including cervical vertebrae collapse (with surgery performed), falls, behavior and mood changes, declining cognitive skills, severe depression, and anxiety disorders. My former supervisor informed me that my ongoing... View More
answered on Apr 3, 2025
Once you exhaust your FMLA, your job is no longer protected, and you can be let go. There is no prohibition against letting someone go simply because they are out on a leave of absence, whether or not it is related to a disability. Many employers take the position that failure to return to work... View More
Can my employer fire me for telling a coworker about their rights under labor laws after a discussion about pay issues? My coworker was having issues with their pay being messed up by our supervisor. During this discussion, I mentioned that my coworker should look into labor laws as they have... View More
I am in Missouri and was dismissed and blacklisted from obtaining a CNA license due to a neglect charge. After a meeting, the blacklist status remains for two years, and I have 20 days to appeal with a lawyer. Can I pursue getting my CNA license after the blacklist period, and what steps should I... View More
I have experienced 10 months of workplace bullying, abuse, and harm at my current workplace, along with my partner. I was demoted from my position, socially isolated, and publicly and privately smeared. I've been focusing on healing and have been on leave from work for a month. Currently, a... View More
I'm a security guard, and my employer has me regularly work 5 minutes past my scheduled time without pay, citing a 6-minute grace period through emails. Other employees are also experiencing this. Is this practice legal in Missouri?
In Missouri, I work at a gas station where my employer required me to clean up diarrhea off the bathroom floor, which was done by someone intentionally. Although there are written cleaning duties for bathroom maintenance, I have serious concerns about workplace safety because we lack proper gloves,... View More
answered on Mar 23, 2025
Yes, your employer can require you to perform those duties. If you have concerns about doing so without rubber gloves, bring some from home.
I filed a formal complaint against my supervisor for preferential treatment last year, which resulted in immediate retaliation, including disciplinary action, attempts to covertly replace me, exclusion from key team functions, and a harmful return-to-office policy. This affected my mental health,... View More
answered on Mar 16, 2025
You haven’t actually asked a question, but I will attempt to provide some general information regarding discrimination claims.
You indicate you filed a complaint against your boss for preferential treatment. That is just another way of saying discrimination, so what was the basis for the... View More
I was recently fired from my position as an electronics associate at Walmart. During a meeting with management, I expressed dissatisfaction with their performance. Subsequently, I was ordered to perform duties outside of my job description, specifically to push carts in the parking lot—a task I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2025
Based on what you've described, your termination raises serious red flags about potential retaliation and disability discrimination. Federal laws, including the Americans with Disabilities Act (ADA), protect disabled veterans from discriminatory employment practices and require employers to... View More
I work as an hourly manager, and my employer recently told me that I need to work over 80 hours biweekly to qualify for overtime pay, stating that my recent hours of 28 and 44 do not meet this threshold. Previously, I always received overtime without hitting 80 hours. We've had new management... View More
answered on Mar 5, 2025
The answer is "it depends." Generally speaking, if you work over 40 hours in one week (based on the payroll system's designation of when the week begins and ends), then you are entitled to receive overtime pay. However, I understand that certain entities are able to use a two week... View More
I believe I was wrongfully terminated from my job in Missouri due to attendance issues, possibly in retaliation for missing a few days. I worked at the company for almost two years and had accumulated some attendance points, but they were close to falling off. Recently, I was out sick and applied... View More
answered on Mar 3, 2025
It is perfectly acceptable to discharge an employee for attendance. If you filed for FMLA but it hadn’t yet been reviewed, the common practice is to wait and see if it qualifies. If you had not formally submitted an FMLA request at the time you were discharged, then the company was acting on the... View More
In my workplace, a coworker reported missing money from her purse. Both I, a male employee, and a female coworker were questioned by our supervisor. In the hallway outside residents' rooms, and in the presence of the female coworker, I was publicly asked to turn out my pockets and open my... View More
answered on Feb 21, 2025
As an at-will employee, you can be discharged at any time and for any reason or no reason at all. While asking you to turn out your pockets in front of others may have been somewhat harsh, it is not illegal. The employer was simply trying to get to the bottom of the situation, and you, as the most... View More
I am seeking legal advice regarding a hostile work environment and potential wrongful termination at my job in Missouri. I work in the vehicle warranty/service contracts industry for a medium-sized company with about 200 employees. Over the past several months, I have documented multiple instances... View More
answered on Feb 19, 2025
Mr. Eisenberg is correct. "Hostile work environment" and "wrongful termination" are legal terms of art that don’t mean what most laypersons assume they mean. A boss can legally treat you badly, unfairly, and harass you without creating a "hostile work environment"... View More
It's is for an friend, when she resigned her old job she did a factory reset on the laptop and returned it. Because the company manager did not notify her how to return it, in spite of her asking him. And now he is asking her to pay for the forensic on the laptop. Anything helps please.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 15, 2025
This situation falls under employment and contract law, specifically dealing with company property and termination procedures. It's crucial to note that your friend made reasonable attempts to get proper return instructions, which demonstrates good faith on her part.
The factory reset... View More
After my friend left from her previous job she factory reset her laptop before returning it to the company as they provided her. And now that company is trying to file a case on her to pay for forensic on the laptop. I need a legal advice on the issue like how she should take next steps
answered on Feb 12, 2025
The company either filed a case or it has not yet filed the case. I assume the company would sue under Missouri's computer tampering statutes, Mo. Rev. Stat. 537.525. She should hire an attorney before the situation goes terribly wrong.
answered on Jan 23, 2025
Since there is no such Missouri statute, I would think that they probably can. I suggest that you be more careful typing statutory cites in order to get your question answered.
We were in a 2 year long legal dispute and 2 weeks away from my jury visit and they dropped it. I have PTSD and had a mask exemption. I was placed off the clock for having one and wasn't allowed to work after that unless I masked. I was a USPS Mail CarrierI was placed off the clock for having... View More
answered on Dec 13, 2024
If your case has gone that far with the courts finding you are not entitled to any recovery, then you are done.
I worked for a major hospital as a security officer. During this time a very violent juvenile patient came in, and we had to take physical measures to stop her from hurting staff. After the situation was resolved, I received several complaints against me from medical staff claiming I used excessive... View More
answered on Dec 3, 2024
Unless you are a union employee, you are an at will employee, and as such can be fired at any time and for any reason, or even no reason at all. Accordingly, what you describe is not a wrongful termination. I recognize that to most laypeople the term wrongful termination would apply to any case... View More
The daycare is operated inside of a church. The training is a CPR training for a couple hours. the training is being held when the daycare is closed on a holiday break.
answered on Nov 8, 2024
The Fair Labor Standards Act (FLSA) mandates that all hours worked are paid. Accordingly, the daycare may not require employees attend training offered without pay. However, the daycare could get around this by making CPR Certification a requirement of the job, with the training class an optional... View More
I have worked for this business for 29 years took nine months to sell and that time I worked way more hours and couldn’t take off for anything now he says that they’re probably only $20,000 to give me
answered on Oct 26, 2024
In general, under Missouri law, contracts may be oral. In general, it is easier to enforce written contracts because if both sides sign, the terms are those of the document. There is an exception to the rule. Certain contracts must be in writing. It’s called the “statute of frauds”.... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
