Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Missouri Employment Law Questions & Answers
2 Answers | Asked in Employment Law for Missouri on
Q: Was my termination after reporting union bylaw infractions lawful?

I called my union hall to inquire about reporting unsafe working conditions and infractions of union contract bylaws. The dispatcher promised to investigate and keep my name confidential. The next day, I was terminated from my job. I was verbally warned once for being on the phone, which was... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Oct 22, 2025

While it’s possible that your discharge was wrongful, there is nothing in your post that suggests it was wrongful. The term “wrongful termination” is a legal term of art which doesn’t mean what you think it means. A wrongful termination only occurs if the discharge was based on you being a... View More

View More Answers

2 Answers | Asked in Employment Law for Missouri on
Q: Facing unpaid extra duties and unfair suspension at work, how to seek fairness?

In Missouri, I'm facing a situation at work where I'm required to take on additional responsibilities, essentially babysitting my coworker, without extra compensation. Recently, after an altercation with this coworker involving inappropriate language, I've been suspended for a week... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 21, 2025

What you describe falls under the category of perceived unfairness. Under Missouri employment law, however, unfairness is not unlawful. Unless you are the victim of employment discrimination based on membership in a protected class, which is not something you have articulated, I don't... View More

View More Answers

2 Answers | Asked in Employment Law and Employment Discrimination for Missouri on
Q: Resigned due to retaliation at Central Bank, Missouri. What are my rights?

I've recently resigned from my position at Central Bank due to ongoing retaliation that lasted over five years. My direct report consistently ignored emails, phone calls, and never visited my market, despite visiting other nearby branches. I believe this affected my chances for promotion. Two... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Oct 14, 2025

You haven't presented any information upon which an attorney can conclude that you have any cause of action. What you need to understand is that discrimination and retaliation are not generally illegal. You only have a claim if any alleged discrimination is because you are a protected class... View More

View More Answers

2 Answers | Asked in Employment Law and Personal Injury for Missouri on
Q: Can my employer make me clock out during rest periods due to medical restrictions?

I was in a bicycle accident and broke my knee. My doctor provided a note allowing me to return to work with restrictions, such as sitting down or resting periodically. I work as a valet, which includes non-physical tasks like assigning keys. My employer has attempted to accommodate my medical needs... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Oct 2, 2025

There is a common misconception among laypeople that an employer must honor light duty restrictions. In fact, most employers don’t allow employees to work until they are released from all restrictions. This is actually the smarter approach for employers because those with restrictions are quite... View More

View More Answers

2 Answers | Asked in Employment Law for Missouri on
Q: Can I claim retaliation if my job was eliminated after raising concerns about my boss?

In June 2025, I verbally escalated concerns about my boss's lack of accountability and engagement. My VP instructed me to bring these concerns to a VPO, which I did a week later. Just over a month later, I was written up for not taking others' written concerns seriously—while our... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Oct 1, 2025

You can claim anything you want; what matters is whether you can prove it. More importantly, contrary to the public's misconception, retaliation is not illegal. Your alleged retaliation is your boss being unhappy that you reported him for not doing his job. That is not actionable. It is only... View More

View More Answers

2 Answers | Asked in Employment Law and Contracts for Missouri on
Q: Am I entitled to PTO payment after contract cancellation led to job termination at Powerback Rehab?

Am I entitled to receive payment for my accrued paid time off after the company's contract was canceled, leading to the termination of my job?

I was employed by Powerback Rehab starting April 14, 2025, with a written job offer outlining a signing bonus, a promised raise, and a 90-day... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Sep 9, 2025

Generally speaking, an employer isn’t required to pay out unused PTO. Whether or not it does so is up to the employer’s policies. You indicate that additional work was offered, which you declined as you felt it was only temporary in nature and possibly not full time work. I disagree with your... View More

View More Answers

2 Answers | Asked in Employment Law, Car Accidents, Insurance Defense and Personal Injury for Missouri on
Q: Can employer deduct pay for accident without notice or consent?

Is it legal for my employer to deduct $50 from each of my paychecks without notifying me or obtaining my consent? These deductions are being made from accounts receivable due to a minor car accident for which I was at fault, and I did not sign any agreement or receive any communication authorizing... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Sep 8, 2025

Yes, your employer can certainly recoup damages for which you were responsible. The employer is also able to deduct such damages from your paycheck. However, it cannot deduct an amount that results in your effective hourly rate being below the minimum wage as that violates the Fair Labor Standards... View More

View More Answers

2 Answers | Asked in Employment Law for Missouri on
Q: Can my manager write me up despite a doctor's note for absence?

I have a very bad pulled muscle that makes it difficult to walk, and I provided my employer with a doctor's note stating I couldn't come to work. My manager is trying to write me up for my absence, even though they've accepted other doctor's notes in the past under similar... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Aug 22, 2025

Yes. Most attendance policies are no-fault policies, which means it doesn't matter why you were absent. This makes sense because from the employer's perspective, your absence has the same impact whether it was because you were sick or just blowing off work. You are only protected if the... View More

View More Answers

2 Answers | Asked in Employment Law and Employment Discrimination for Missouri on
Q: Do I have a case?

I’m reaching out to ask whether I may have a valid case involving workplace harassment, retaliation, and wrongful termination. Over time, I was subjected to a hostile and exclusive work environment, including unfair scrutiny, excessive supervision, and arbitrary write-ups. After raising concerns... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 9, 2025

It is unwise to post your name. I suggest you seek to edit or delete your question.

Missouri is an employment at will state. You've articulated what you believe are reasons that you were unfairly terminated. Unfairness is not unlaw, however. Look at the EEOC or MCHR websites to...
View More

View More Answers

2 Answers | Asked in Gov & Administrative Law, Civil Rights and Employment Law for Missouri on
Q: Can a government contractor require shoe removal and pat-down in a drug test?

I was subjected to a drug test by a government contractor following a safety violation. During the test, I was unexpectedly asked to remove my shoes and was patted down. I had not been informed of any specific procedures that would involve such searches, and I felt the search was inappropriate. Is... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Jun 18, 2025

Some people try to beat a drug test by using someone else’s urine, and will even go so far as to use something in their pants to make it appear they are urinating into the specimen cup. It may be necessary to pat you down to ensure you are not utilizing such methods to avoid a positive result.... View More

View More Answers

2 Answers | Asked in Employment Law, Employment Discrimination and Public Benefits for Missouri on
Q: Can I quit my job due to lack of support for medical needs and receive unemployment benefits in Missouri?

I have been working at my current job in Missouri for over 2.5 years, and my previous manager accommodated my medical needs, including preparing for my upcoming cancer surgery. However, my new manager has not been understanding. Although she allows others to be late without repercussions, she... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Jun 17, 2025

You can certainly quit your job, but it is rather difficult to get benefits if you resign. You must prove that you “quit for good cause attributable to the work or employer.” This is an objective standard, meaning that you must be treated so poorly that anyone would have quit under the... View More

View More Answers

2 Answers | Asked in Estate Planning and Employment Law for Missouri on
Q: Can I use my father's money to pay utilities in his home where I live?

I am my father's financial power of attorney after he had a stroke. The document grants me the ability to handle his finances without any specific restrictions. He is currently living with my brother, while I live in my father's home in Missouri. I'm concerned about my brother’s... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Jun 6, 2025

Is your father benefiting from your use of those utilities in his home while he lives elsewhere? No, so you shouldn’t be using his money to pay for them. Incidentally, are you paying rent for your use of your father’s home? If not, then you are depriving your father from the rental income he... View More

View More Answers

2 Answers | Asked in Civil Rights and Employment Law for Missouri on
Q: Can I file for workplace discrimination after being assaulted by a resident and receiving no action from my employer?

I work at an independent living community and was assaulted and called derogatory names by a resident on May 21, 2025. I reported the incident to my employer, but no action or solution has been provided despite a follow-up. I have documentation, a witness, and a police report regarding the... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 2, 2025

I’m sorry that you were assaulted at work. What you describe is not unlawful discrimination, however. Per the EEOC’s website, “ If you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy, transgender status, and sexual... View More

View More Answers

2 Answers | Asked in Employment Law for Missouri on
Q: Is it legal to deduct money from my paycheck for a gas drive-off in Missouri?

I am an employee in Missouri, and money was deducted from my paycheck for a gas drive-off. There is no written or verbal agreement regarding such deductions. This has happened once before. Is it legal for my employer to deduct this amount from my paycheck?

Robert Grant Pennell
Robert Grant Pennell
answered on May 16, 2025

It is legal for an employer to deduct amounts from an employee’s paycheck provided it doesn’t result in the employee’s effective hourly wage (gross pay less deduction divided by hours worked) being below the minimum wage, as that would be a Fair Labor Standards Act (FLSA) violation. I agree... View More

View More Answers

2 Answers | Asked in Civil Rights, Gov & Administrative Law and Employment Law for Missouri on
Q: City notice on lawn mowing for disabled Veteran and possible ADA violation.

I'm a disabled Veteran with a 90% disability rating and have a Veterans card. Due to my injuries and the heavy rain, I could not mow my lawn. The city sent an informational notice, stating that if I don't mow by the designated date, they will hire someone to do it at my expense. They also... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 28, 2025

Let me first thank you for your service. I’m sorry that you have considerable disability.

Unfortunately, I don’t believe you have any legal basis for contesting the matter. Being disabled doesn’t make exempt from city ordinances regarding lawn maintenance. As for the due process...
View More

View More Answers

2 Answers | Asked in Employment Law for Missouri on
Q: Is it legal to adjust current pay period hours for past overtime in Missouri?

I work in retail as an hourly employee in Missouri. My employer took away hours from my current pay period to compensate for overtime paid in the previous pay period, notifying me just four hours before making the change. To my knowledge, there is nothing in my employment contract or company policy... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 22, 2025

I’m not sure I’m understanding your question. The employer can certainly cut your hours as it sees fit. I don’t understand what you mean by “took away hours from my current pay period to compensate for overtime paid in the previous pay period.” Reducing hours in one week will not avoid... View More

View More Answers

2 Answers | Asked in Employment Law for Missouri on
Q: Why might I not have ADA protection after being terminated due to health issues?

I was terminated from my job due to health issues that my employer was aware of, including cognitive decline, mental health distress, and occasional falls. My leave lasted from May 25, 2024, to March 1, 2025, during which I frequently communicated my conditions to my employer by phone and text. A... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 4, 2025

If you were discharged due to your disability as you allege, you would have a potential ADA case. However, I think you posted this before and said you had a "potential" but not "firm" return-to-work date when the Employer filled your position. Your job was no longer protected by... View More

View More Answers

2 Answers | Asked in Employment Law and Employment Discrimination for Missouri on
Q: Legal termination during medical leave with disabilities in Missouri?

I was terminated during a long-term leave of absence due to ongoing disabilities, including cervical vertebrae collapse (with surgery performed), falls, behavior and mood changes, declining cognitive skills, severe depression, and anxiety disorders. My former supervisor informed me that my ongoing... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 3, 2025

Once you exhaust your FMLA, your job is no longer protected, and you can be let go. There is no prohibition against letting someone go simply because they are out on a leave of absence, whether or not it is related to a disability. Many employers take the position that failure to return to work... View More

View More Answers

2 Answers | Asked in Civil Rights, Employment Law and Employment Discrimination for Missouri on
Q: Seeking legal advice on filing retaliation, ADA discrimination, and constructive dismissal claims.

I filed a formal complaint against my supervisor for preferential treatment last year, which resulted in immediate retaliation, including disciplinary action, attempts to covertly replace me, exclusion from key team functions, and a harmful return-to-office policy. This affected my mental health,... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Mar 16, 2025

You haven’t actually asked a question, but I will attempt to provide some general information regarding discrimination claims.

You indicate you filed a complaint against your boss for preferential treatment. That is just another way of saying discrimination, so what was the basis for the...
View More

View More Answers

1 Answer | Asked in Employment Law for Missouri on
Q: Overtime calculation for hourly manager with new management

I work as an hourly manager, and my employer recently told me that I need to work over 80 hours biweekly to qualify for overtime pay, stating that my recent hours of 28 and 44 do not meet this threshold. Previously, I always received overtime without hitting 80 hours. We've had new management... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Mar 5, 2025

The answer is "it depends." Generally speaking, if you work over 40 hours in one week (based on the payroll system's designation of when the week begins and ends), then you are entitled to receive overtime pay. However, I understand that certain entities are able to use a two week... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.