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

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

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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.

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.

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

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

You can ask for a raise. You can also look for a different employer becasue you probably have skills that merit a higher salary.

Missouri is an employment-at-will state. With limited exceptions, an employer may terminate an employee at will and doesn’t need to be fair.

You should hire an attorney to review the non-competition agreement and provide you with his or her opinion of its enforceability. I have no opinion on whether it is enforceable, but the answer to your question, if you are asking how the new company could terminate your employment, lies with the... View More

Generally speaking, the terms of employment are between the parties and can be changed at anytime, and a doctor’s note need not be accepted by an employer. The exception is if the employer has enough employees to be covered by the ADA and the situation deals with a reasonable accommodation... View More

7 years is way past the statute of limitations for employment discrimination.

There is nothing illegal about what you describe.

Laypersons commonly misunderstand HIPAA to have broad application, but that is false. HIPAA doesn't apply to employers generally. It only applies to healthcare providers and those working with or on their behalf (i.e., health insurers, medical records providers, etc.). So, no. Your employer... View More

Yes. If a company doesn’t want you to apply then apply for jobs elsewhere. The job market is presently strong.

It is unclear to me what type of unlawful discrimination you believe occurred. If you believe the discrimination was based upon your arrest record or criminal history the you might find this interesting. https://jobs.mo.gov/sites/jobs/files/criminal_background_check_dwd_12-2016_wioa.ppt... View More

There is no requirement that an request for a medical accommodation come from an MD. You should contact an employment law attorney in your area to discuss your situation in more detail and determine your options.

You didn’t state whether the difference is gender-based or just an across-th-board change applicable to men and women.

This might be helpful to you.

http://www.eeoc.gov/equal-paycompensation-discrimination

You may be able to apply for partial unemployment. If you were hired on full time but your hours have since been drastically reduced, some states offer partial unemployment payments to assist with making up the difference in the hours you've lost.

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... View More