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Missouri Employment Law Questions & Answers
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
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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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0 Answers | Asked in Employment Law and Workers' Compensation for Missouri on
Q: I was injured at work but received an absence after a medical evaluation that stated no strenuous activity for 24 hours.

I was injured at work and visited a workers compensation doctor. That doctor ordered an arthrogram, and after that procedure and evaluation my wrist was swollen and lacked motion. I work at a psychiatric hospital and oftentimes we have to restrain patients. As a result, I received a discharge slip... Read 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
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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.

0 Answers | Asked in Criminal Law, Employment Law, Traffic Tickets and Car Accidents for Missouri on
Q: Can a commercial driving company create driving records outside the parameters of legal driving for use in court?

In my commercial truck I have a stability alert called a critical event alert. I have only had 2 of these in 4 years of driving except this last week I had 3. I believe the sensitivity is turned up because all of these events I was going the speed limit. One of them I was going 55 on the interstate... Read more »

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
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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, 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
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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
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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 Banking for Missouri on
Q: Can a bank fire me for forgetting my password

I could not remember my login password at my bank job and I was terminated

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jul 18, 2022

Missouri is an employment-at will state. As such, an employer may fire an employee for such a reason or even for no reason.

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 Employment Law for Missouri on
Q: My boss has asked me to provide EMDR counseling for past trauma he experienced as a child. Can I ethically do this?
Rhiannon Herbert
Rhiannon Herbert
answered on Jun 15, 2022

There is nothing inherently wrong with providing these services to a supervisor, provided you are licensed to provide such counseling.

1 Answer | Asked in Employment Law for Missouri on
Q: I am a supervisor an employee has made two harassment issues against me both coming out false. Can I do anything

An employee has filed two toxic work environment claims against me and after being investigated they came out in my favor. Any time I correct her on her job or have to take disciplinary action against her she files more paper work in HR. It’s making it to where I’m afraid to do my job as a... Read more »

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 14, 2022

Nothing. Taking any action will look like retaliation on your part. Understand that anyone that keeps making unsubstantiated allegations will have little credibility. If it were me, I would ask for a sit down with a Manager in Human Resources. At the meeting, express concern about how best to... 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 »

1 Answer | Asked in Employment Law for Missouri on
Q: Does retention of the president require a majority vote of BOARD MEMBERS PRESENT or a majority of ALL VOTING MEMBERS?

The vote was 4-2 not to retain, with two voting members absent.

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 10, 2022

No one can answer your question without having access to the bylaws.

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.

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1 Answer | Asked in Employment Law and Constitutional Law for Missouri on
Q: Is the NFL's new rule making all teams hire only non-white asst offensive coach a violation of the constitution?

Can you legally make me hire from one group and not from all others? If so, please explain to me how this is possible? I have 30 employees in a very diverse group, all nationalities, religions, gender, straight and not. But this new NFL rule has me concerned that in time it will be the government... Read more »

Robert Grant Pennell
Robert Grant Pennell
answered on Mar 30, 2022

The US Constitution places limits on government action, not on the conduct of private parties or organizations, such as the NFL. This is a common misconception among laypersons.

2 Answers | Asked in Employment Law and Family Law for Missouri on
Q: Are companies required to pay by law if you are off with COVID and unvaccinated. Vaccinated people get paid if off.

they have made it a policy that if vaccinated then you will get paid for being off with COVID and if unvaccinated you will not get paid. I see that as discrimination, that is no different than sexual preferences, race etc.

Robert Grant Pennell
Robert Grant Pennell
answered on Mar 3, 2022

There is a big difference between this and sexual preferences, race. Federal law prohibits employment discrimination on the basis of race, sex, age (40+), religion, national origin, or disability. Discrimination on any basis other than against one of those special classes is perfectly legal. As an... Read more »

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1 Answer | Asked in Employment Law for Missouri on
Q: Is it legal for a company to charge me for a large sum of liquidated damages for quitting a job.

I quit a company and in the contract I signed it says that I could be charged $36,000 if I quit before my two year contract ended. The company works by training you for 12 weeks and then contracting you out to tech companies. I left halfway through the training and have seen multiple posts saying... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Feb 28, 2022

You should hire an attorney to review the entire contract. Under Missouri law, penalties are not enforceable but liquidated damages are. Whether the contract deems the fee "liquidated damages" is not necessarily dispositive, but liquidated damages provisions are commonly enforced.

1 Answer | Asked in Employment Law for Missouri on
Q: I put in my resignation and worked my full notice. Weeks after my last day the employer changed the record to a term.

I put in my notice after being informed of a investigation that would probably cost my job. I gave my resignation with the stipulation that I would be rehire-able and coded off as voluntary. I was asked to stay on an additional week which I did. Two weeks afterwards the employer changed my status... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Feb 22, 2022

You state that you resigned with a "stipulation." Unless I am missing something, it appears that your employer didn't agree with the stipulation and therefore availed itself of the benefits of employment at will and terminated your employment.

1 Answer | Asked in Employment Law for Missouri on
Q: What are the number of hours a 16 year old in Missouri can legally work on a school day?

Does the legal number of hours on a school day change if the school day is a snow day?

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 23, 2022

Federal law places restrictions on when 14 and 15-year old employees can work during the school year, but no similar restrictions apply once you turn 16. There may be other applicable Missouri labor laws, however, so you should consult a Missouri employment attorney regarding your situation.

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