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Missouri Employment Law Questions & Answers

1 Answer | Asked in Civil Litigation and Employment Law for Missouri on

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.

Ronald J. Eisenberg answered on May 17, 2019

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.

1 Answer | Asked in Employment Law for Missouri on

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.

Ronald J. Eisenberg answered on May 2, 2019

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 »

1 Answer | Asked in Employment Law for Missouri on

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?

Ronald J. Eisenberg answered on Apr 27, 2019

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.

1 Answer | Asked in Employment Law for Missouri on

Q: Can an employer terminate you once you have submitted your two weeks notice?

Ronald J. Eisenberg answered on Apr 1, 2019

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.

1 Answer | Asked in Employment Law for Missouri on

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.

Ronald J. Eisenberg answered on Mar 2, 2019

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 »

1 Answer | Asked in Employment Law for Missouri on

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 »

Ronald J. Eisenberg answered on Feb 26, 2019

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.

1 Answer | Asked in Employment Law and Personal Injury for Missouri on

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.

Peter N. Munsing answered on Sep 12, 2018

Look for a member of the Mo. Assn for Justice who handles employment cases--they give free consults.

1 Answer | Asked in Employment Law for Missouri on

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?

Ronald J. Eisenberg answered on Aug 21, 2018

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.

1 Answer | Asked in Employment Law for Missouri on

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 »

Ronald J. Eisenberg answered on Jul 16, 2018

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.

1 Answer | Asked in Employment Law for Missouri on

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 »

Ronald J. Eisenberg answered on Jun 27, 2018

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.

1 Answer | Asked in Employment Law for Missouri on

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.

Ronald J. Eisenberg answered on Jun 4, 2018

I am sorry that you are being ignored. What is your legal question?

1 Answer | Asked in Employment Law and Workers' Compensation for Missouri on

Q: As a salaried employee for a recreational, non for profit, am I owed overtime pay, if company will not hire more staff?

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Ronald J. Eisenberg answered on Apr 26, 2018

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

1 Answer | Asked in Employment Law for Missouri on

Q: My employer garnish money from my paycheck for child support without verifying who it was for

Ronald J. Eisenberg answered on Apr 26, 2018

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.

1 Answer | Asked in Employment Law for Missouri on

Q: If I am fired am I entitled to the vacation time that i have earned?

Ronald J. Eisenberg answered on Apr 3, 2018

Unfortunately not, unless you have an employment contract that provides you with the right to pay for unused vacation.

1 Answer | Asked in Employment Law for Missouri on

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 »

Ronald J. Eisenberg answered on Apr 3, 2018

Depending upon your employment classification, you might have a decent claim for 15 minutes of pay.

1 Answer | Asked in Employment Law for Missouri on

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

Ronald J. Eisenberg answered on Apr 3, 2018

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 »

1 Answer | Asked in Employment Law and Communications Law for Missouri on

Q: I deleted emails when I left my employer. Can they do anything to me or just pull them from the server

Ronald J. Eisenberg answered on Apr 3, 2018

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 »

1 Answer | Asked in Contracts, White Collar Crime and Employment Law for Missouri on

Q: My county's salary commission is looking to make a salary "correction" for salaries that were not adjusted in 2007.

They acknowledged this issue in 2009. They now claim the county is liable to be sued. They had the same argument in 2009, but the commission decided retroactive pay was unconstitutional. Having acknowledged this more than 5 years ago, does that mean the statute of limitations has run out for anyone... Read more »

Kevin Webb answered on Nov 27, 2017

You may be right. It may be too late. You should check with a lawyer and see what that attorney says.

1 Answer | Asked in Criminal Law, Employment Law and Domestic Violence for Missouri on

Q: I pled guilty to a domestic violence charge in 1988. I'm now applying for a job at a school, should I report it?

The conviction was in Washington State and I haven't been in any trouble since.

Andrea Rogers answered on Nov 4, 2017

The conviction will show up on your criminal record, so your best option is to disclose it on your application if they ask about your criminal history, and explain what happened and how you have changed your behavior since that time. The fact that it was so long ago and you have had no legal... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on

Q: I need help about weather a situation at a job is discrimination and weather it is illegal? If it is I also need to know

Who to report it to? It involves medical conditions and how a boss handled two employees very differently who are same level and same job only difference is gender and marital status. One employee was given the world and the other was punished and demoted plus had private information medical... Read more »

William Head answered on Aug 20, 2017

Too little detail to know about this. Very small businesses are not held to same standards as larger companies, that affect Interstate Commerce.

Best bet is to seek a FREE consultation with an employment attorney. Use this link:...
Read more »

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