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Missouri Employment Law Questions & Answers
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?
T. Augustus Claus
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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.

1 Answer | Asked in Employment Law and Health Care Law for Missouri on
Q: A nurse practitioner at the mental health clinic I work at gave out my personal cell # to a patient without my consent

A nurse practitioner at the mental health clinic I work at gave out my personal cell The patient contacted me via text message on my day off wanting to schedule treatment. I am an administrative assistant and don't see any reason for my personal number to be shared.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 12, 2023

I'm sorry that this happended to you. Speak to the nurse practitioner's supervisor to make sure this doesn't happen again. It's up to you but I doubt that it will make finacial sense for you to pay an attorney by the hour to send a letter and engage in back and forth with the employer.

1 Answer | Asked in Employment Law for Missouri on
Q: My second day on the job a white man tells me his supervisor he don’t like black people in front of the other employees.

He does not follow the chain of command the director allows him to go over me directly to her then she relays the message

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 27, 2023

Other than the fact that someone said that someone else doesn’t like black people, I don’t follow your post. Please clarify your legal question.

1 Answer | Asked in Employment Law for Missouri on
Q: Sick days are part of my benefits package but my job says that they will not pay them out when you leave. Is that legal

I earn 12 days a year and have accumulated a lot. I do get paid for vacation days when I leave but not sick days

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 22, 2023

Most employers don't realize that unless they sign an employment contract that provides otherwise, when they leave employment they aren't entitled to accumulated sick days.

1 Answer | Asked in Employment Law for Missouri on
Q: Can a employer refuse you a witness to go into a meeting with you if you feel uncomfortable to go in by yourself ?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 15, 2023

I’m aware of no Missouri or federal law that gives you the right to have a witness present in a meeting with your employer.

1 Answer | Asked in Employment Law for Missouri on
Q: Can I demand my last check at time of termination?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 27, 2023

You may demand it. Missouri Revised Statutes Section 290.110 provides the procedure for formally demanding it and the potential liability of the employer who failse to comply.

1 Answer | Asked in Employment Law for Missouri on
Q: Is it legal for an employer to make an employee take a vacation day for a Friday off of a 4 day work week?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 21, 2023

Employers aren’t required to provide any vacation days. Therefore, this isn’t a matter of legally but rather whether the employer is breaching its contract with the employee.

1 Answer | Asked in Employment Law for Missouri on
Q: In Missouri, does my employer have to pay me for a mandatory zoom meeting?

Company is an LLC & employee is hourly

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 11, 2023

An hourly employee should be paid for attending a meeting, whether in person or online.

1 Answer | Asked in Employment Law for Missouri on
Q: Can a supervisor be fired if their staff report she told them to withhold information from documents and parents?

Documentation is required about consumers with DMH waivers. This information is also relayed to parents to aid with mental and physical health decisions.

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 21, 2022

Missouri is an at-will employment state, which means either you or your employer can terminate your position at any time and for any reason (or no reason at all). The one exception to this general rule is if an employee is targeted or selected for termination based on a discriminatory reason (i.e.... View More

1 Answer | Asked in Employment Law for Missouri on
Q: I know someone worked 8 hours but the manager that told the person to work now says she didn't. Can that person sue the
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 12, 2022

Yes, an employee can sue for unpaid wages.

1 Answer | Asked in Employment Law and Immigration Law for Missouri on
Q: I can't reach out to the Police depart in China to get my non-criminal record as a foreigner! What should I do?

Been requested to get my non-criminal record from China as I lived there for 2 years ! It's for work visa application! But I've already left China and returned to my home country.

Jingzhan Wang
Jingzhan Wang
answered on Nov 15, 2022

You could trust a local lawyer to represent you, where you need give a letter of POA to authorize him/her to work for you.

1 Answer | Asked in Employment Law, Arbitration / Mediation Law and Small Claims for Missouri on
Q: I was fired from my job without explanation and without witnesses. I received my termination agreement 4 days after

asking for it several times, and which included paragraphs holding the co. harmless re: age discrimination and other things. This was not discussed at the termination nor covered in the Employee Handbook. They are holding my last promised pay until I agree to this. I have email trail. Missouri is... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 14, 2022

Attorneys are not allow to solicit business through their responses on Justia. You'll have to reach out to an attorney directly.

There is a good Missouri statute on unpaid wages but it must be followed strictly in order for the clock to start ticking on the employer. Some attorneys...
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