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Missouri Employment Law Questions & Answers
0 Answers | Asked in Employment Law, Education Law and Sexual Harassment for Missouri on
Q: I have become a respondent for a title IX case. Is it better to say you don't remember who else was present or to guess?

I have an extremely fuzzy memory. (Adhd, bipolar influenced) and I don't want to say that someone was there when they actually weren't.

Thank you.

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

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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.

2 Answers | Asked in Employment Law for Missouri on
Q: Can my employer take away PTO for not reporting absences of subordinates?

My employer is mandating that people come into the office Mon/Wed. Supervisors who don't report absences are subject to that day being considered a PTO day as well as being considered a PTO day for the subordinate above the original.

Is this legal in St. Louis, MO?

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answered on Aug 28, 2023

In many states, employers have the discretion to set policies regarding the use of paid time off (PTO) and how it's managed. If your employer has a policy in place that requires supervisors to report absences of subordinates and penalizes them with PTO for not doing so, it may be within their... View More

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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 for Missouri on
Q: I have a non-compete in Missouri. Can I go and work for a competitor, in a different position if I don't divulge info?

I have a non-compete that was signed in 2019. It is for a period of two years after I leave the company. I am currently considering a move to a much smaller company in the same industry. I will not be in the same position I am now and I will not be sharing any information about my current... View More

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

No attorney can possibly provide any meaningful information regarding a non-compete - or any contract for that matter - without reading it in its entirety. Whether or not the position you are considering would violate the terms of the non-compete is very fact-specific. What I can tell you is that... View More

1 Answer | Asked in Employment Law for Missouri on
Q: Can I receive unemployment benefits while on unpaid fmla but can physically work?

I did talk to unemployment when I started to file and they said if I physically could not work I would not qualify but if I physically could then I would qualify but I think my work is trying to fight it now since I asked for an exemption so I don't have to look for a job while on leave.

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

You are not entitled to unemployment benefits while on FMLA. The reason being, that you are not unemployed - you are still attached with your employer. Whoever you spoke with at the Missouri Division of Employment Security was wrong or didn’t fully grasp what you were asking.

1 Answer | Asked in Employment Law for Missouri on
Q: Job offer given to someone else without confirming with me

n/a

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 8, 2023

That's terrible. Your legal options will be governed by the employment contract. Might be worth paying an attorney to review it.

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 Employment Law, Civil Rights and Social Security for Missouri on
Q: I'm disabled and was employed for a year and a half. Had to get a new prosthetic now don't have my job. What should I do

The new prosthetic was going to take about 4 weeks to get and my manager was informed. I just recently told him I would be able to come back next week and he has hired other people. I'm not on disability any longer and this job was very helpful with me working and being disabled. Can I file... View More

James L. Arrasmith
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answered on Aug 6, 2023

Losing your job due to the need for a prosthetic could raise legal issues related to disability discrimination. You may also be eligible to file for unemployment benefits, and I recommend consulting with an attorney to evaluate the specific details of your situation to ensure all your rights are... View More

1 Answer | Asked in Employment Law for Missouri on
Q: My wife is taking FMLA and short term disability for maternity leave. Is it legal for them to require her use PTO first?

Her employer is a health system with over 600 employees. They are requiring her use all of her PTO bank before short term disability (which we pay for) kicks in.

T. Augustus Claus
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answered on Jul 27, 2023

In Missouri, it is generally legal for employers to require employees to use their accrued paid time off (PTO) before utilizing FMLA or short-term disability benefits. The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid leave for qualifying medical or... View More

1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for Missouri on
Q: In Missouri. Starting a position at a Union. For random drug tests, am I covered with my medical card from being fired?
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answered on Jul 21, 2023

Having a medical marijuana card may not automatically protect you from being fired if your employer has a strict drug-free policy and conducts drug tests. Employers have the right to establish their own policies regarding drug use, and they may choose to take disciplinary actions, including... View More

1 Answer | Asked in Landlord - Tenant, Criminal Law, Employment Law and Arbitration / Mediation Law for Missouri on
Q: I feel like my landlord is engaged in Harassment and Stalking

Last summer, I was homeless. I started working for a guy that started renting a house to me. I worked 7 days a week nearly 14 hours a day. I took a day off and let him know beforehand. He would call asking where I was and I would remind him I was taking a day off. He would then start calling me... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 14, 2023

You didn’t ask a legal question. A reasonable next step would be to hire a local attorney to write a letter to your landlord.

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