Missouri Employment Law Questions & Answers
Q: Is it legal to force employees to take a day of PTO for a holiday in which the business is closed?
My friend is a nurse that works for a Sisters of Mercy clinic in the state of Missouri. Every major holiday, such as Fourth of July, Thanksgiving, Christmas, etc., the clinic is closed but the nurses are forced to take a day of PTO for the "missed" day, even though the department made the choice to... Read more »
Unless your friend is subject to a contract that her employer is breaking, it is "legal." An employer is generally not required to give any paid time off in Missouri.
Q: I work in an office and my boss will only let us use the bathroom on our 15 minute breaks. Is that legal?
Not a very good work environment, but yes.
Q: Am I being harassed at work? Am I legally in the wrong, or am I right? I need help. Facing being fired.
Recently, I doodled on a medical document and upon finding out that it was prohibited, I told the Dir. of quality control, who then told me "Its okay.It happens" later on an incident with a coworker happened where she thought I posted a Facebook status about her. She kept texting me and I did not... Read more »
You aren’t going to want to hear this, but Missouri is an employment-at-will state. For termination purposes, it’s irrelevant whether your employer is mean or unfair. It cannot fire you on account of race, religion, national origin, etc., but can fire you over believe you did something... Read more »
Q: I worked for a Missouri company. I quit due to disagreements, the owner still has my information on her site.
I now live in Oklahoma. The business in is Missouri, where I lived when I worked there. I have asked for my information to be removed so I will stop getting daily calls and emails for her company. She refuses. It has been since Dec. 2018.
You didn't ask a question. If you want to know what you can do, my first answer would be to request the removal of your information. But you've already done that. Hire an attorney to write a letter demanding removal.
Q: Is an employer allowed to offer me a job, tell me to put my two weeks in and never work me?
I applied for a company in the union. They gave me a hard hat and glasses and told me what I needed to buy and for weeks I texted my supervisor who kept telling me “you should start work this week” for weeks.
The problem for you is that Missouri is an employment-at-will state. That means that had you been hired and started you could have still be terminated the next day simply because the employer changed its mind. For that reason, if you were to file suit you'd face a big obstacle in prevailing. I... Read more »
Q: Do these laws still apply if your jury duty is in a different state than the one you are employed in?
I work in Missouri but live part time in Kentucky. I was called for jury duty in Kentucky. I was told it's possible I could be exempt from jury duty, but I choose to attend. Does my employer have to give me the time off?
Your Missouri employer cannot terminate you but isn't require to pay you for your missed work time.
494.460. 1. An employer shall not terminate, discipline, threaten or take adverse actions against an employee on account of that employee's receipt of or response to a jury summons.
Q: Can an employer terminate you once you have submitted your two weeks notice?
Unless you have a contract providing to the contrary, under Missouri law, yes. On the flip side, unless you have a contract to the contrary, you can quit without providing two-weeks' notice.
Q: I was told on Friday that I am not receiving my contract back for teaching next year. Next would be my tenure year.
What are my rights to this? She wants my letter of resignation by Monday.
Absent some right to have the contract renewed, I see nothing legally improper with your employer deciding not to renew. I understand that this is terrible news for you. If you have a written employment contract I think it would be worth hiring an attorney to review it. There may be a provision... Read more »
Q: Ineligible due to missed 4 week report, appealing to Missouri Court level due to missed hearing, do I need lawyer?
I missed my friday afternoon 4 week reporting. I realized it after the fact and on the following Monday I went online and rescheduled it for the next Friday, 1 week after scheduled. I attended that time. I was found to be ineligible due to not reporting (unavailable for work) until I reported. I... Read more »
Read this publication from the Court of Appeals. https://www.courts.mo.gov/file.jsp?id=128333 Appeals are complicated and most pro se litigants lose because they fail to file a compliant brief. Hire and attorney with appeallate experience if you can afford one.
Q: My employer refused my request for reasonable accommodation and then wrongfully fired me just a week after I got ASA
If they would of made my accommodation I'd still have a job.
Look for a member of the Mo. Assn for Justice who handles employment cases--they give free consults.
Q: I applied for a company, they called my current employer. Then I was fired. What can I do?
I applied for a company, I simply provided my resume, and my professional references. The potential employer called my current employer (not on my references) without my permission. When my current employer learned I was looking, he fired me. Is there any recourse?
Unfortunately for you, unless you have an employment contact that provides otherwise you are an employee at will and your current employer was free to fire you, just as you would have been free to quit had things worked out as your were planning when you applied for a job elsewhere.
Q: I feel I'm being harrased at work because my disability. Can I sue?
I have chrones disease and miss a lot of work. I feel like my boss is harassing me and making me do things other employees are not made to do. I'm going to see a doctor tomorrow because I believe I have PTSD from the conflicts with her. Can I sue? I have already filed an eeo complaint but things... Read more »
You must get your right-to-sue letter first. Confer with a local employment law attorney. These cases are tough and without an attorney your odds of success are slim.
Q: Can an employee be given a verbal warning for something and a month later be told it was a final warning in Missouri?
A friend was given a verbal warning for something her supervisor had verbally approved, but then said she did not. She told HR about the verbal approval but it was employee's word against supervisor's word, HR sided with supervisor. Supervisor has also made comments about employee's father's... Read more »
Missouri is an employment at will state. Employers don’t have to be nice or fair, they just cannot discrimination on the basis of race, religion, sex, etc. You haven’t articulated any facts suggesting unlawful discrimination.
Q: I was suspended from work and told to call the dm the following monday. Tried to call and text. No answer.
Now i keep hearing people that work at the store saying i was fired, yet i haven't been notified of anything.
I am sorry that you are being ignored. What is your legal question?
Q: As a salaried employee for a recreational, non for profit, am I owed overtime pay, if company will not hire more staff?
h
The issue is whether you are exempt from overtime pay under the FLSA. It depends on your job.
https://webapps.dol.gov/elaws/elg/minwage.htm#who
Q: My employer garnish money from my paycheck for child support without verifying who it was for
I don't understand your post. If you owe child support, I would think that you are aware of that fact. Regardless, your employer isn't going to withhold funds for child support unless it received legal process requiring it to do so. Ask your employer to see the document that was served.
Q: If I am fired am I entitled to the vacation time that i have earned?
Unfortunately not, unless you have an employment contract that provides you with the right to pay for unused vacation.
Q: Can a company ask me to be on site but not pay me?
A company told me to be at their job location at 8:15AM. I arrived on time. They then had me wait until they could train me. I later found out they had purposely intended for me to start @ 8:30 They claim they don’t have to pay me for those 15 minutes, yet they purposely asked me to be there at... Read more »
Depending upon your employment classification, you might have a decent claim for 15 minutes of pay.
Q: Can an employer fire someone for not having enough sales in rewards memberships for customers?
The rewards membership benefits bonuses given to managers only not us waitresses
Yes. Missouri is an employment at will state. Absent a contract with terms to the contrary, an employer can fire someone for any reason other than race, religion, national origin, and other "protected classes." An employer is not required to be fair. On the flip side, an employee can quit for... Read more »
Q: I deleted emails when I left my employer. Can they do anything to me or just pull them from the server
It is unclear what you deleted but what you did could potentially be very serious and costly if the employer sues you under the Missouri or federal law for computer tampering. Here's the Missouri statute:
537.525. Tampering with computer data, computer equipment, or computer users —... Read more »
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