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".
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 
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".
answered on Nov 26, 2023
Missouri is an at-will employment state, and the employer can pay folks however it chooses without regard to job titles. It can also discriminate against employees on any basis it sees fit EXCEPT on the basis of an employee being a member of a protected class. The protected classes are race, sex,... View More
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
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
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?
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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
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?
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.
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?
answered on Sep 26, 2023
There may not be any legal recourse, but if you are a member of a protected class, including race, religion, national origin, age, sex, gender identity, or sexual orientation, it may be worth questioning why you are paid less than the published pay scale. If you have suspicions, consult with an... View More
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... View More
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
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
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.
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?
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.
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
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
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.
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.
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
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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
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
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
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.
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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
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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
Documentation is required about consumers with DMH waivers. This information is also relayed to parents to aid with mental and physical health decisions.
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
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
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... View More
I never received and benefits and I never received the sign on bonus that was promised after being hired after 90 days. They hired new employees and kept me as a temp and then made me do a background check to keep my temporary job. then used it to terminate me. Can I take them to court for the... View More
answered on Oct 20, 2022
Sorry to hear that the employer did you wrong. Absenet a binding arbitration agreement in your contract you may sue in court. I suggest that you have an attorrney review the contract and assess the situation. For employment matters, attorneys sometimes represent clients on a contingency... View More
I was promoted in January 2022, with this promotion came a raise. However I found out recently, I was not given the raise until the middle of the year. I was promoted in January as scheduled and did all the extra work that came along with my new position, and I was doing it for minimum wage for... View More
answered on Oct 19, 2022
Unfortunately, federal wage laws only protect against minimum wage and overtime pay violations. However, you should discuss this issue with your manager or human resources department if you have not already - they may agree to reimburse you for the difference in pay since you were promoted.
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