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Missouri Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Missouri on
Q: My work made me quarantine after being exposed to covid then fired me.

After my test results came back negative he said I still had to wait the remainder of the 2 weeks then today he fired me stating that it caused his numbers to bottom out. I was supposed to return in 2 days. I work and live in Missouri. Is this legal?

Carrie Dyer
Carrie Dyer answered on Nov 18, 2020

Your employer may have violation the Family First Coronavirus Response Act. You should contact an employment attorney in your area to determine whether your employer was subject to the Act and to disucss your options.

1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: My former boss told me that I could not take off work for surgery and/or treatment for my cancer.

The business I use to work for only had 5-6 employees and i can't seem to find anything that says he has to let me off work because he doesn't have to grant FMLA, even though I had a doctor's note, he told me that I was not allowed to take time off work. It got brought up later on,... Read more »

Carrie Dyer
Carrie Dyer answered on Nov 4, 2020

More information is needed to analyze your situation. As you mentioned, the Family Medical Leave Act - which provides job protection for medical leaves in some circumstances - does not apply to your employer because the business only employs 5-6 employees. Your cancer diagnosis would render you... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: ok my question would be about a factory that has things going on at work that makes people call the place whoreville usa

there is sexual things going on, my boyfriend of 4 years apparently is having sexual relations with some little slutty girl that works there. He is not married but that didnt stop it from hurting me terribly. Apparently he has a boss in there that is married and still goes and does things with a... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 2, 2020

I see no basis for a civil suit against that business. The better option might be to find a faithful boyfriend.

1 Answer | Asked in Employment Law for Missouri on
Q: Missouri. Employee gave resignation for 4 weeks. Co policy 2 weeks. Do I have to keep him 4 wks? Can I let go in 2 week

Don't need to keep him 4 weeks. Would like to have in gone in 2. Is this legal since he gave 4 weeks notice?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 30, 2020

You are probably okay but you should have an attorney read your employment contract before firing the employee.

1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Would an employer be in violation of MO statute 115.639 for terminating an employee that requires time off to vote?

9am-7pm was My scheduled shift . As I received a reminder the day of the primary election. I requested the last 90 Min of my shift off to vote. My Supervisor replied via IM “Who approved this?” I advised this is a request, then asked are you denying or approving, I didn’t get a response. As... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 22, 2020

Below is the statute. Based on your recitation of the facts, I questin whether you complied with the requrement that "that request shall be made for such leave of absence prior to the day of election."

Three hours off work to vote--interference by employer a class four offense....
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1 Answer | Asked in Employment Law for Missouri on
Q: Can my employer use the FFCRA to pay me as a "precautionary reason" even though nothing is stated in those terms

I was told to quarantine in march after traveling, but no federal, state or local government issued a mandatory quarantine after travel. So my work decided to tell me to quarantine for a week, which normally is 2 weeks so that doesn't make sense already. And they forced me to use 1 week of the... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 10, 2020

Hi, if your employer has fewer than 500 employees, they are likely covered by the FFCRA. The FFCRA requires employers to pay employees for up to two weeks (80 hours) at the employee's regular rate of pay if the individual is unable to work because the employee is quarantined (pursuant to... Read more »

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Missouri on
Q: What is my employer allowed to say to me me at work as far as personal stuff that has nothing to do with work?

So my wife and I work at the same place and we know the owner on a personal level outside of work. Well we got into an argument over the weekend and now he's taking it out on us at work. He called my wife a lier and said she should be ashamed to be a mother. He also brought up some personal... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 4, 2020

Missouri is an employment at will state. It is not unlawful for your employer to be mean, unprofessional, or rude. You have not articulated that any part of the situation was based upon your or your wife's membership in a protected class. If you believe there was unlawful discrimination you... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: In MO can they fire you without reason? Do they have to tell you? Can they fire you for voluntarily quarantine?

Family member who is a server chose to quarantine till she got her results back.

Came back negative. Employer removed her from the employee directory system and has not told her if or why she has been fired.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 23, 2020

Unfortunately, in an employment-at-will situation, a Missouri employer can likely fire and employee for being responsible and voluntarily quarantining.

Here's Missouri's service letter statute.

290.140. Letter of dismissal, when — failure to issue, damages — punitive...
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1 Answer | Asked in Employment Law and Employment Discrimination for Missouri on
Q: What do i look at to see what this pertains to my paperwork

not sure what they mean ?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 3, 2020

Your post is too vague to answer. Please try again and give some context.

1 Answer | Asked in Appeals / Appellate Law and Employment Law for Missouri on
Q: Can i win unemployment appeal?

I was working at a small ma and pa dinner and they shut down the end of February for a remodel. Said it should be about a month and then we can come back. Well right around the middle of March they opened up, but only take out, cause of covid 19. I was not one to work at this time still, I applied... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 25, 2020

Here is the statutory definition of "misconduct."

"Misconduct", an act of wanton or willful disregard of the employer's interest, a deliberate violation of the employer's rules, a disregard of standards of behavior which the employer has the right to expect of...
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1 Answer | Asked in Employment Law for Missouri on
Q: My 5 weeks salary was paid at base pay only when terminated. No commission. About 58% of total compensation. Legal?

Out of state company. I am remote sales in St Louis area. Terminated with out cause. Pay structure was base pay, commission and bonus. They paid on base pay only which was about 58% of what I feel I was owed. Policy calls for vacation being paid on pay rate. I say pay includes commission. Be... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 19, 2020

I suggest you confer with an attorney before filinig suit. Missouri has a great unpaid commission statute.

https://law.justia.com/codes/missouri/2011/titlexxvi/chapter407/section407912/

If you qualify under the statute and commissions are due, you might have a good claim for more...
Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: Does your employer have the right to call you at home without expressed permission?this is in Missouri

If I call in to work, would my employer have the right to call and question, and/or fire me. Or would they be required to wait until the following work day

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 28, 2020

I’m not sure what you mean by “call in” to work. You didn’t provide context but in general an employer in Missouri may fire you for any reason at any time. There are exceptions. Meet with an attorney if you believe an exception to the employment-at-will doctrine.

3 Answers | Asked in Employment Law, Tax Law and Business Law for Missouri on
Q: Is getting paid under the table illegal

I didn't agree to getting paid under the table also they only paid me $100 for 50hours

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 20, 2020

Being paid or paying a contractor in cash is not illegal.

Failure to report income is illegal.

Failure to classify a worker properly is illegal (not in the criminal sense per se but it is a violation of the tax code).

If you were misclassified as a contractor when you...
Read more »

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1 Answer | Asked in Employment Law for Missouri on
Q: Can an employer ban an employee from dating a former client?

I use to train at this gym, but I left and ended my contract with them. I then signed with another gym. The old gym had a no dating client rule. One of their employees and I fell for each other. I haven't been at that gym for over a year, but can that employee still be fired for dating me?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 28, 2020

I'm aware of no state or federal law that would prohibit such an employment policy.

1 Answer | Asked in Employment Law for Missouri on
Q: My employer stopped payment on my final check now I owe money that is rightfully mine. What should I do?

(I recived my final check from my ex employer. I took the check the same day to a check cashing place and cashed it. Today the check cashing place called me and told me that my ex employer had placed a stop payment on the check and I owed them the money back plus fees. We are paid for current week... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 26, 2020

Your post is unclear because you don't explain why the employer is claiming you owe the employer rather than vice versa. Therefore, it is hard to assess whether you owe your former employer or vice versa. For example, if the the check was to cover more than days you had worked, then I could... Read more »

2 Answers | Asked in Employment Law for Missouri on
Q: Is it legal for a Missouri employer to refuse to pay time and a half overtime to a non-exempt employee over 40hrs/week?

The position in question is an office receptionist, non-salaried at no more than $600/week, not managerial or administrative. I need help finding the actual statute that shows what this law is currently.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 5, 2020

Here are two Missouri statutes. Because of the attorneys' fee provision, you could probably find representation easily if you have a solid claim to make.

290.505. Overtime compensation, applicable number of hours, exceptions. — 1. No employer shall employ any of his employees for...
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2 Answers | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Can an employer not pay you for hours you’ve already worked, because they feel as if the job wasn’t done properly?

I have a friend who works at an animal hospital and her job is to clean and care for the animals. She’s been left a couple notes regarding her cleaning in the past week, and now today her boss is telling her that she’s not getting paid for the work she’s been doing because they feel as though... Read more »

Kyle Anderson
Kyle Anderson answered on Jan 30, 2020

I agree with Mr. Eisenberg. Typically, an employer must pay an employee for all hours worked and cannot make deductions based on the quality of the work. However, if the deducted pay still keeps her above the minimum wage rate (calculated by dividing her total compensation by the hours worked for... Read more »

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1 Answer | Asked in Employment Law and Tax Law for Missouri on
Q: Never received wages that my W-2 says I earned. Is this something I take to a legal department or the company itself?

I never received a paycheck from a place I worked for only one day and I assumed it was because I was still training. I just received a W-2 from them saying I did earn wages but I never received them despite setting up direct deposit. Who would I contact about this, some legal department or the... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 26, 2020

A business’s legal department is the business itself. I suggest contacting the HR or payroll person at the business.

1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Are employers allowed to request a dr note from an employee every time there child or self is sick?

This is not a standard policy for all employees in this company

Greg Mansell
Greg Mansell answered on Jan 22, 2020

Unfortunately, there is nothing the legally prohibits an employer from requiring a doctor's note for missed absences due to illness.

2 Answers | Asked in Employment Law for Missouri on
Q: Unpaid wages

I have been working with a property manager/owner that focuses on low income housing for several years as general maintenance. I am responsible for work orders for current residents, inspections from various housing agencies and City of St louis building division, leasing, and training/running new... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 10, 2020

Whether you are an independent contractor or an employee, it sounds like you are owed money. Your options are to try to get paid on your own, file suit on your own, or hire an attorney to try to get you paid or to file suit.

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