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Missouri Employment Law Questions & Answers
0 Answers | Asked in Employment Law and Employment Discrimination for Missouri on
Q: Can my boss take away my promised bonus

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So my boss was telling everyone at work that we would be getting bonuses every six months as long as we didnt accumulate six points... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: Can my employer change my rate of pay without notification?

Upon receiving my last wage statement, I found my pay had been reduced by $2 p/hr. I was not notified of any rate change. I have talked to my boss and to HR about this and they have told me that because I am not doing a specific task as my job (relief driver) that I am not entitled to the pay -... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 7, 2022

There is a Missouri statute that may apply. It's a pretty weak one, however.

  290.100. Thirty days' notice of reduction of wages, how. — Any railway, mining, express, telegraph, manufacturing or other company or corporation doing business in this state, and desiring to...
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1 Answer | Asked in Employment Law, Libel & Slander and Small Claims for Missouri on
Q: Can I sue my ex-employer for falsely accusing of theft with in investigative before I was fired and then threaten me

To pay back money that was not stolen from them and had me come in after I was fired to train someone to use computer I have emails were they say I stoled from them with I didn’t, I have proof. Can I sue for defamation of character I had 10yr with them with never one issue

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 20, 2021

Defamation cases are tough and expensive in Missouri. If your employer merely sent false emails to you and terminated your employment because it believed you committed theft, then you don't have a basis for a defamation suit in Missouri. Defamation requires publication of the false statement... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: Quit my job without two week notice. Should I still get paid last paycheck?

Gave a two day notice instead. I was an exempt salary employee. It was an at will position. Just want to know next steps of action since I cannot view a paystub nor see that I got paid today 12/1. Paycheck isn't technically due until 12/2, but I get paid a day early. Right after I quit on... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 5, 2021

You are entitled to your last paycheck. An at-will employee is not required to give two-weeks notice. Conversely, an employer can file at at-will employee without any notice.

1 Answer | Asked in Employment Law for Missouri on
Q: My employer has bed bugs and now I have brought them home now I have to pay for extermination and loss of belongings

My employer refuses to deal with infestation as well as never telling me that an infestation was present

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 1, 2021

You didn't ask a legal question but I will assume you want to know your options. If you can prove that your employer was negligent then you could recover damages if there were a lawsuit. Whether it is worth suing depends on many factors, including the amount of damages suffered, whether you... Read more »

2 Answers | Asked in Employment Law for Missouri on
Q: My Boss stated they were going to fire me when I give birth. I will have been here for 8 months when I go into labor

I know I haven’t been here for a year so they don’t have to give me paid leave and that’s fine but can they honestly fire me for giving birth?

Robert Grant Pennell
Robert Grant Pennell answered on Nov 26, 2021

The short answer is yes and no. It is a violation of the Pregnancy Discrimination Act to discharge someone for giving birth. Still, the act doesn't require an employer to provide any preferential treatment to a pregnant woman. The Family Medical Leave Act (FMLA) is the only job protection... Read more »

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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... Read 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 Law for Missouri on
Q: Does my employer have to pay me wage for time spent training for the job?

I live and work in St louis mo. My employer refused to pay me any sort of wage for the first 1.5 months of my employment stating that he didnt have to since i was in "training" but i was normally here alone running everything. I work approximately 57 hours a week. I was allowed to keep only my tips.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 7, 2021

The short answer is "yes," you generally should be paid for training and I believe you might have a strong claim to assert. Whether you are a tipped employee may determine the wage due. Contact an attorney in the St. Louis area to discuss representation in going after your employer for... Read more »

2 Answers | Asked in Employment Law and Civil Rights for Missouri on
Q: Can I be audio recorded without consent in a 2 party consent state?

I deliver in Illinois, a 2 party consent state. I wasn't made aware that the video camera in my vehicle records audio until I found out last week. I also deliver in Missouri. Would it be worth it to sue my employer since I signed no agreement and wasn't verbally notified my audio was... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 19, 2021

Whether it is worth suing will depend upon the following:

1. What is your goal?

2. How much will it cost to sue?

3. What are your chances of prevailing?

4. What damages would you be awarded if you win,

5. Does the IL statute have a provision entitling you to...
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1 Answer | Asked in Contracts and Employment Law for Missouri on
Q: My friend's work contract does not specified hours worked. What are her rights/expectations from a legal standpoint?

A friend recently (~5-6 months ago) signed on with a small company as a photographer/media organizer in Missouri. After a few months, we noticed that she was very frequently working weekends and seemed to have few days off. We asked her about it, and she expressed frustration with her schedule.... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Sep 7, 2021

This would depend on what her contract says, but based on your description, it sounds like her contract is silent on her schedule or hours of work. If this is the case, then there isn't much that can be done from a legal standpoint other than to ensure she is being properly paid for the work... Read more »

1 Answer | Asked in Employment Law and Products Liability for Missouri on
Q: fired, bc I refused to sell penicillin to a woman said she wanted it 4 her son that has bronchitis,labeled animal only

as I was unlocking drug for her,woman said it was for her son with chronic bronchitis. I told her everything we sell in store medical wise is for animals only. She wanted a manager. He without questions gave it to her. I was terminated 2 months later (after Christmas rush) he said she complained I... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 30, 2021

If you believe you were fired for complaining about an unlawful practice then you may file a charge of discrimination with the EEOC at eeoc.gov or with the Missouri Commission of Human Rights at https://labor.mo.gov/mohumanrights/File_Complaint. They will investigate. Although they can sue on... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: I need assistance with a non-compete clause for an employer. I have several questions about my rights.

I am currently working for a company contracted through a hospital. I applied and was offered a position through the hospital doing something completely different than I am right now. My current employer is telling me I signed a non-compete clause that prevents me from being able to work for the... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 27, 2021

This is a Q&A forum. You’ll need to reach out directly to an attorney. You are wise to seek counsel because non-competition agreements can have serious consequences if breached.

1 Answer | Asked in Employment Law for Missouri on
Q: Do you have to pay overtime if you are paid by an hourly rate or commission, which ever is greater.

I currently am being compensated either by an hourly rate or from my earned commission, which ever one is greater. I am required to clock in and work a full 40 hour week plus I am being told less than 24 hours in advance that I will have to work on weekends, every week when my commission is higher... Read more »

Kyle Anderson
Kyle Anderson answered on Aug 4, 2021

Hello, more information is needed here. You need to meet several requirements to be exempt from overtime: certain job duties and to receive pay on a salary basis. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Law for Missouri on
Q: Is it legal for a company to not give you your time cards?
Kyle Anderson
Kyle Anderson answered on Aug 4, 2021

Hello, this is an issue that is usually governed by state law. Are you having a minimum wage or overtime issue? I would reach out to an employment law attorney in your state to see what can be done.

1 Answer | Asked in Employment Law for Missouri on
Q: i’m 17 and by missouri law after being terminated they have 7 days to pay me and they refused to and called the cops

they refused and called the cops to trespass me

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 9, 2021

What's your legal question?

Here's the relevant unpaid-wages statute. Contact an attorney if the amount owed is sufficient.

290.110. Payment due discharged employee — exceptions — penalty for delay. — Whenever any person, firm or corporation doing business in this...
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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... Read more »

2 Answers | Asked in Employment Law and Workers' Compensation for Missouri on
Q: Could I sue for more money after a job I quit has yet to pay me

It has been 2 months since working there and they haven’t payed nor do they do the mangers or store answer there phone

Kyle Anderson
Kyle Anderson answered on May 25, 2021

Hello, employers are required to pay in accordance with federal overtime and minimum wage laws. If you weren't paid at all, or a portion of your pay was withheld, you may have a minimum wage violation claim. If you worked overtime during the period, you may have an overtime claim as well. I... Read more »

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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... Read 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 Law for Missouri on
Q: Is a paid Fire Chief also allowed to collect compensation for fire calls that they go to?
Kyle Anderson
Kyle Anderson answered on Apr 21, 2021

Hello, more information is needed here. Is the Fire Chief paid hourly? Does the Fire Chief work more than 40 hours per week? Employees need to be paid at least the minimum wage for all hours worked and at a rate of one and one half times their regular hourly rate for all hours worked above 40. I... Read more »

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