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Missouri Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Missouri on
Q: Can I sue my former employer for defamation?

My former employer wrongly filed a report of child abuse against me and it caused me to lose a different job

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 14, 2024

Absent an employment contract with an arbitration provision that prevents such a lawsuit, you can sue for defamation. Defamation cases in Missouri are difficult and expensive. If you are willing and able to pay an attorney by the hour and can prove actual damages--an essential element of a... View More

0 Answers | Asked in Employment Law and Employment Discrimination for Missouri on
Q: Asking for a relative. Is it illegal for an employer, even though it states that they hire R.S.O., to discriminate?

I did an internet search to find out, who exactly, and which companies will hire R.S.O.? His applications were submitted to some on that list but, they refused to hire him due to his background. The state, government, counties, and all who are employed with any one of those entities want them to... View More

0 Answers | Asked in Contracts, Employment Law, Workers' Compensation and Employment Discrimination for Missouri on
Q: I am a truck driver, was accussed of an accident, with a trainer for my company, never happened I was fired no severence

I never signed any papers, this place is now demanding 2400.00, as I left the company, not by choice. I believe this trainer is taking advantage of me I am not born in USA... the trainer, once were he heard where I was from he was different... on his face and how he was talking to me. Once I was... View More

1 Answer | Asked in Employment Law for Missouri on
Q: During job interview, I was promised to work from home. Now they want me in house. Is this legal?

When I was interviewed for this job, I was told this will be work from home. This is one of the two reasons why I took this job. (The other was the pay rate) I was told I would have to work 2 days in the office per week, starting out to operate a laser engraver. It's now been two years and... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 1, 2024

You can ask, but as an at-will employee, either party can change the terms of employment at any time. The other party can then accept or reject those terms. In other words, the employer doesn't have to agree to let you work from home.

1 Answer | Asked in Employment Law, Business Law and White Collar Crime for Missouri on
Q: Employer withholding my paycheck for many reasons, never asks if it's okay. Is this illegal? What are my options?

She pieces out payments to me in small increments of 100-200 dollars. By the time the previous check has been paid, the next is due, leaving me over 1 week behind all the time. It has been like this for months, was never like this before. She always has excuses like "electric bill, rent,... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 8, 2024

Missouri has a strict law about when a final paycheck is due but I’m unaware of any statute governing the timing of pay while you are still employed. If your employer cannot afford to pay you or won’t timely pay you, maybe it’s time to look for another job rather than wait to be terminated.

1 Answer | Asked in Employment Law for Missouri on
Q: Who do I need to contact for not paid for the hours I worked. my manager was paying her boyfriend half my hours worked

Like I only got paid for 8 of the 16 hours I worked

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 10, 2024

You might be able to get additional money if you contact an attorney. Missouri has a good unpaid wages statute that allows for weeks of additional pay if a proper request is sent and ignored.

1 Answer | Asked in Tax Law, Consumer Law and Employment Law for Missouri on
Q: My former employer did not list my federal taxes paid on my w-2. It shows the paid state and other taxes. What can I do?

This school is a charter for the St. Louis Public Schools. While there I was harassed by my “team leader” and when the administrators would not help me, I had to quit because it was causing me severe mental distress.

James L. Arrasmith
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answered on Jan 26, 2024

Here are a few options you can pursue regarding the incorrect W-2 from your former employer:

1. Contact your former employer's payroll or HR department and request a corrected W-2 that accurately reflects the federal taxes withheld from your paychecks throughout the year. All employers...
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1 Answer | Asked in Employment Law for Missouri on
Q: As a contract employee of ALKU, I worked for their client Vanderbilt. ALKU Contract ended Dec 29th. Interested in full

time in house job with Vanderbilt. Does this clause in my former ALKU contract prevent my employment with Vanderbilt for the next 12 months.

Agreement Not to Solicit Clients. Employee agrees that during the

term of his employment by the Company and for a period of 12 months... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Jan 24, 2024

The short answer is yes, but to get an accurate answer, you will need to hire an attorney familiar with non-competes to provide a detailed analysis of not only the provision language but the entire agreement, as well as the underlying facts of the work and employment. For a non-compete to be... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Employment Law for Missouri on
Q: can a job not hire a person based off a tattoo when their company polices dont say anything about tattoo
James L. Arrasmith
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answered on Jan 15, 2024

In the United States, companies generally have the discretion to set their own dress code and appearance policies, which can include restrictions on visible tattoos. However, if a company does not have a specific policy regarding tattoos, making a hiring decision solely based on a person's... View More

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1 Answer | Asked in Employment Law and Civil Rights for Missouri on
Q: I was given a urine drug test and was told I have to be sent elsewhere and would notify me when she finds one to go to

I did not/ have not taken any illegal drugs nor did I consume any alcohol. All I had in my system was my prescription for adderall that I had taken prior to the orientation I had attended for a job I was supposed to start this week. I still have not heard back from this employeer with further... View More

James L. Arrasmith
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answered on Jan 5, 2024

In your situation, where a prescribed medication has affected your drug test, it's important to communicate with your employer. Provide them with documentation of your prescription for Adderall. This documentation should include a note from your healthcare provider confirming that you are... View More

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Missouri on
Q: Could non-compete/non-solicit contract ever lead to criminal charges? If so, provide real life example.

I have a non compete/non solicit

contract with an employer. If there some sort perception where it appears as if I want to solicit. Does this make me a fraud or criminal?

Could someone ever go to jail for non-solicit contract?

Tim Akpinar
Tim Akpinar
answered on Jan 18, 2024

A Missouri attorney could advise best, but your question remains open for five weeks. Those contracts usually involve civil damages. If the contract additionally includes provisions for confidentiality/disclosure in a setting where sensitive defense industry information is involved, then criminal... 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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2 Answers | Asked in Employment Law for Missouri on
Q: Is it illegal for a job to fake offer you a position? And string you along for weeks and then "rescind it" for no reason

I was offered a position. I was told we were waiting on paperwork to process so I could get finger printed. I texted multiple people for weeks and was assured everything was good to go. Here they hired two of us and lied to me for weeks in case the other candidate didn't fall through. I lost... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Nov 23, 2023

While that is unprofessional, it isn't illegal. Since the job is almost certainly at-will employment, the employer could discharge you immediately after being hired without any reason with no liability. As a result, there is no basis for a claim. There could be an exception if you were able to... View More

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1 Answer | Asked in Employment Law for Missouri on
Q: I was hired at $15 per hr then if I missed 1day then for that pay check he only paid me $13 per hr is that legal

I guess he thinks he can punish me for missing work regardless what the reason was I have my check stubs I'm gonna file for unemployment really soon cause I cut grass and the season is almost done

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 6, 2023

If you were shorted you can file a lawsuit for the $2 per hour you were not paid. You’ll need to decide whether suing is worth the effort. Your time might be better spent applying for unemployment benefits.

1 Answer | Asked in Employment Law for Missouri on
Q: Is it legal for my manager to put a medical time off request on an Outlook calendar with multiple groups?

if I put in a time off request for a medical reason and then my manager puts it on an Outlook calendar with multiple groups of employees out with the reason for post-op recovery, is that breaking any laws?

T. Augustus Claus
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answered on Sep 27, 2023

Disclosing medical information without consent may be a breach of privacy. Laws such as HIPAA (Health Insurance Portability and Accountability Act) govern how medical information can be shared but usually apply to healthcare providers, not employers. However, there may be state laws or company... View More

3 Answers | Asked in Employment Law for Missouri on
Q: Is there anything that can be done if you find out you are being paid under your HR job pay scale?

I submitted my request for my job pay scale and found I was below the minimum. When I escalated it up, I was told they have no time frame to increase. Do I have any case or just cut my losses and leave?

Robert Grant Pennell
Robert Grant Pennell
answered on Sep 18, 2023

Pay scales are not mandatory from a legal standpoint. While I would think that an employer would not want to have folks being paid less than whatever pay scale they have set for a position, there is no legal basis to force the issue that I am aware of in the state of Missouri.

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1 Answer | Asked in Employment Law and Civil Rights for Missouri on
Q: After a city counsel meeting the meeting was adjourned. Some of the Alderpersons and mayor sat around and discussed

The employees and their problems. Like I said. They hard adjourned the meeting and there were still citizens present. Do the employees have a case against them

Robert Grant Pennell
Robert Grant Pennell
answered on Sep 13, 2023

A case for what? Are you thinking that the employees have a privacy right related to what was being discussed? Generally there is no such privacy right unless it relates to medical privacy. While it may not be appropriate, it isn’t normally illegal.

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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1 Answer | Asked in Employment Law for Missouri on
Q: Can a employer withhold damages from an accident that caused my termination out of my final paycheck? I reside in Kan.

It was a non injury no one else involved accident that bent the bumper on a semi truck in a road construction area where the lanes were to close and I scrapped the right side bumper. They said they were taking money out of my check for it. And I know they are going to file an insurance claim... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Sep 4, 2023

An employer may deduct damages caused by you from your paycheck provided doing so does not result in your pay being less than the minimum hourly wage.

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