Lawyers, Answer Questions  & Get Points Log In
Missouri Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Missouri on
Q: i’m 17 and by missouri law after being terminated they have 7 days to pay me and they refused to and called the cops

they refused and called the cops to trespass me

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 9, 2021

What's your legal question?

Here's the relevant unpaid-wages statute. Contact an attorney if the amount owed is sufficient.

290.110. Payment due discharged employee — exceptions — penalty for delay. — Whenever any person, firm or corporation doing business in this...
Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Missouri on
Q: I submitted a background check upon interviewing with a company. They hired me. At orientation they asked for another

I never completed the second check yet the company fired me citing the second check and their corporate partners having an issue. Shouldn’t all that have been cleared up with my first check and if so are they at risk for discriminating against me

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 2, 2021

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... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: My employer denied my medical accommodation request saying that it had to be from an MD (which the EEOC said is a lie)

They are now retaliating by forcing me to recertify my FMLA since I’ve been on leave with major PTSD symptoms.

Carrie Dyer
Carrie Dyer answered on May 25, 2021

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.

2 Answers | Asked in Employment Law and Workers' Compensation for Missouri on
Q: Could I sue for more money after a job I quit has yet to pay me

It has been 2 months since working there and they haven’t payed nor do they do the mangers or store answer there phone

Kyle Anderson
Kyle Anderson answered on May 25, 2021

Hello, employers are required to pay in accordance with federal overtime and minimum wage laws. If you weren't paid at all, or a portion of your pay was withheld, you may have a minimum wage violation claim. If you worked overtime during the period, you may have an overtime claim as well. I... Read more »

View More Answers

2 Answers | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Is this considered pay discrimination and is it against the Equal Pay Act?

Two Direct Sales Representative’s (DSR’s) have the same base salary, same job code and functions – which is to sell Internet+TV+Phone+Mobile to residential homes. The employer has selected 3 out of the entire salesforce and gave them the option to continue to make $160 per TRIPLE PLAY bundle... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 7, 2021

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

View More Answers

1 Answer | Asked in Employment Law for Missouri on
Q: Is a paid Fire Chief also allowed to collect compensation for fire calls that they go to?
Kyle Anderson
Kyle Anderson answered on Apr 21, 2021

Hello, more information is needed here. Is the Fire Chief paid hourly? Does the Fire Chief work more than 40 hours per week? Employees need to be paid at least the minimum wage for all hours worked and at a rate of one and one half times their regular hourly rate for all hours worked above 40. I... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: Am I still owed commission on completed orders after I resigned from my position? If yes, what would my next step be.

State: Missouri

No Contract

Resignation Date: 12/24/2020

Unpaid Commissions: Apprx, $33,346.95

Letter of Demand sent: 3/3/2021

Letter of Demand Received: 3/8/2021

Answer Received: 3/10/2021

-Letter requested payment for 2020’s 4th quarter... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 10, 2021

Missouri has a wonderful unpaid commission statute. I like those cases because, assuming commission remains due, it continues to accrue until the case is concluded. Many Missouri attorneys who handle commssion cases do so on a contingency basis.

A written contract is a good idea but...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: I have been cut down to 9 hours a week. I have only been working for 5 months so is there any hope for unemployment?

I simply cannot afford to continue working for 9 hours a week. Its 90 miles round trip 3 hours every other day. I am spending more money than im making. I have been submitting applications elsewhere for a couple weeks, with no luck. Do i have any option with unemployment until i can get a job with... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Feb 3, 2021

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.

1 Answer | Asked in Employment Law for Missouri on
Q: I recently resigned from my job and stated an effective day but later changed the date

However the old date was never changed in the system. The management is refusing to change the date stating the reason as the company’s policy. Is this right even though all my separation documents reflects the new day and also signed by the manager

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 2, 2021

Unfortunately, your post is hard to follow without seeing the documents and better understanding the facts and what law applies. For example, Missouri is an employment-at-will state, so absent a contract with terms to the contrary you can quit or be fired at an time.

2 Answers | Asked in Employment Law for Missouri on
Q: I was recently terminated from my employer. I was offered 1,000 'severance' and told I could sign a document.

The letter says that if I sign the document that "you will no longer be entitled to any further compensation, monies or other benefits from Arrow, including coverage under any benefits or programs sponsored" by the said company-so what does that mean? Does that include unemployment?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 25, 2021

Probably does. Have an attorney in Missouri review the document. A good attorney can often negotiate a larger severance or better terms.

View More Answers

1 Answer | Asked in Employment Law for Missouri on
Q: Can I be let go after giving a written resignation letter? Giving three week notice. I was let go after one week.
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 19, 2021

Absent a contract that provides otherwise, indeed you may be terminated because Missouri is an employment-at-will state. If the law were otherwise, an employee who was about to get fired could always give three-weeks notice and force the employment to extend.

I realize that you were...
Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: I was fired from my job after missing 3 days due to me having covid and my condition am I able to start a case?

I was told I used 9 of my eto days when I in fact only used 7 days. Then my condition got worse and I wasn't able to contact anyone about not being able to work and eventually received an email stating I had been terminated for absence.

Carrie Dyer
Carrie Dyer answered on Jan 6, 2021

More information is needed to analyze your situation. If these events occurred prior to December 31, 2020, your employer may have violated the Families First Coronavirus Response Act by failing to provide you with 2 weeks of paid sick leave and by retaliating against you for exercising your right... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: Need to figure out how to receive my unemployment been a pain
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 4, 2021

Your only option is to apply and be persistent.

1 Answer | Asked in Contracts, Employment Law and Civil Rights for Missouri on
Q: my boss fired me out of retaliation for asserting my rights as a pet owner and the poeple who stole our cat.

being fired had nothing to do with my job and i know missouri can fire you for cause but this i feel was brought on because i went against her and tried to get my cat back home. do i have any grounds to stand on not to mention she has alot of my tools and wont give them back and didnt even give me... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 24, 2020

I don’t understand why your boss would fire you for trying to get your stolen cat returned but, even if that were true, there is nothing improper, in an employment-at-will situation, for an employer to fire an employee on account for a cat situation.

The unpaid wages presents a different...
Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: What are the next steps after being asked to resign with a time limit on when I need to get back to my supervisor?

I was asked to resign on the basis that I just wasn’t ready for all of the duties my job entails specifically after trying to communicate (to people who I do support under special circumstances but are not my direct supervisor) that the additional work I was being asked to do for them would cause... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 9, 2020

I suggest you schedule a consultation with a local attorney. If you simply quit and would otherwise be entitled to unemployment benefits you might doom your eligibility. In addition, I don't know if you'd have any leverage in seeking a small severence payment.

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....
Read more »

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.