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Missouri Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Missouri on
Q: Does my employer have to pay me wage for time spent training for the job?

I live and work in St louis mo. My employer refused to pay me any sort of wage for the first 1.5 months of my employment stating that he didnt have to since i was in "training" but i was normally here alone running everything. I work approximately 57 hours a week. I was allowed to keep only my tips.

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

The short answer is "yes," you generally should be paid for training and I believe you might have a strong claim to assert. Whether you are a tipped employee may determine the wage due. Contact an attorney in the St. Louis area to discuss representation in going after your employer for... Read more »

2 Answers | Asked in Employment Law and Civil Rights for Missouri on
Q: Can I be audio recorded without consent in a 2 party consent state?

I deliver in Illinois, a 2 party consent state. I wasn't made aware that the video camera in my vehicle records audio until I found out last week. I also deliver in Missouri. Would it be worth it to sue my employer since I signed no agreement and wasn't verbally notified my audio was... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 19, 2021

Whether it is worth suing will depend upon the following:

1. What is your goal?

2. How much will it cost to sue?

3. What are your chances of prevailing?

4. What damages would you be awarded if you win,

5. Does the IL statute have a provision entitling you to...
Read more »

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1 Answer | Asked in Contracts and Employment Law for Missouri on
Q: My friend's work contract does not specified hours worked. What are her rights/expectations from a legal standpoint?

A friend recently (~5-6 months ago) signed on with a small company as a photographer/media organizer in Missouri. After a few months, we noticed that she was very frequently working weekends and seemed to have few days off. We asked her about it, and she expressed frustration with her schedule.... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Sep 7, 2021

This would depend on what her contract says, but based on your description, it sounds like her contract is silent on her schedule or hours of work. If this is the case, then there isn't much that can be done from a legal standpoint other than to ensure she is being properly paid for the work... Read more »

1 Answer | Asked in Employment Law and Products Liability for Missouri on
Q: fired, bc I refused to sell penicillin to a woman said she wanted it 4 her son that has bronchitis,labeled animal only

as I was unlocking drug for her,woman said it was for her son with chronic bronchitis. I told her everything we sell in store medical wise is for animals only. She wanted a manager. He without questions gave it to her. I was terminated 2 months later (after Christmas rush) he said she complained I... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 30, 2021

If you believe you were fired for complaining about an unlawful practice then you may file a charge of discrimination with the EEOC at eeoc.gov or with the Missouri Commission of Human Rights at https://labor.mo.gov/mohumanrights/File_Complaint. They will investigate. Although they can sue on... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: I need assistance with a non-compete clause for an employer. I have several questions about my rights.

I am currently working for a company contracted through a hospital. I applied and was offered a position through the hospital doing something completely different than I am right now. My current employer is telling me I signed a non-compete clause that prevents me from being able to work for the... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 27, 2021

This is a Q&A forum. You’ll need to reach out directly to an attorney. You are wise to seek counsel because non-competition agreements can have serious consequences if breached.

1 Answer | Asked in Employment Law for Missouri on
Q: Is it legal for a company to not give you your time cards?
Kyle Anderson
Kyle Anderson answered on Aug 4, 2021

Hello, this is an issue that is usually governed by state law. Are you having a minimum wage or overtime issue? I would reach out to an employment law attorney in your state to see what can be done.

1 Answer | Asked in Employment Law for Missouri on
Q: Do you have to pay overtime if you are paid by an hourly rate or commission, which ever is greater.

I currently am being compensated either by an hourly rate or from my earned commission, which ever one is greater. I am required to clock in and work a full 40 hour week plus I am being told less than 24 hours in advance that I will have to work on weekends, every week when my commission is higher... Read more »

Kyle Anderson
Kyle Anderson answered on Aug 4, 2021

Hello, more information is needed here. You need to meet several requirements to be exempt from overtime: certain job duties and to receive pay on a salary basis. I would reach out to an employment law attorney in your state for a consultation.

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 »

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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

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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...
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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.

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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...
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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.

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