Missouri Employment Legal Questions

Unless you are a union employee or a highly paid executive with a written employment contract, you are an at-will employee and, as such, can be discharged at any time and for any reason, or even for no reason at all. The only thing that an employer may not do is make employment decisions based upon you being a member of a protected class. The protected classes are race, age (40+), sex, religion, national origin, or disability. Treating you differently from other employees isn't legally prohibited unless it is based on your being a protected class member. That is what is meant by illegal discrimination. To clarify, an employer can discriminate against its employees as much as it chooses on any basis EXCEPT the six (6) classes I already mentioned. I can legally discriminate against you because you are a Cubs fan, your taste in music, how you perform your job duties, etc. What I cannot do is discriminate against you because of your sex, race, age (40+), religion, national origin, or disability. In other words, showing favoritism isn't going to be a basis for a claim of illegal discrimination. If you believe that you were treated that way based on being a member of a protected class, or that you were retaliated against for asserting a legal right or whistleblowing, then you should schedule an appointment with a local employment attorney who primarily represents employees to discuss your case fully. It is important to act promptly because these cases have very short timeframes that are strictly enforced. Failure to meet those timeframes will preclude you from being able to proceed with your case. Most plaintiff employment attorneys take these cases on a contingent fee basis, meaning you will have no upfront out-of-pocket expenses. Best of luck to you.... Read Answer

No attorney can assess the viability of a case with that limited information. If what you have is a true employment contract, and not merely an offer letter, it may be possible to pursue a case. However, I suspect that you merely accepted an offer of employment rather than a true employment contract. For it to be a valid employment contract it must be for a stated period of time - typically one year. If what you are looking at fails to specify the length of the employment then it is not a true employment contract under Missouri law. If that is the case, you have no case as you are an at-will employee and the employer is free to change the terms of employment at anytime.... Read Answer

You certainly have a discrimination/ wrongful termination claim if you can prove it. "He said/ she said" are not easy. I would also suggest you contact either eeoc or feha which you need to do within a year of the termination in order to get a "right to sue letter" for discrimination. ... Read Answer

You should first make a written request for your personnel file from your job.  You should then review that file with an attorney.  Depending on what evidence you may have, your attorney can either send a letter warning the company about any false statements to prospective employers, or take legal action.  There are also companies that pose as prospective employers to ask a prior company for a reference.  ... Read Answer

In most states if you sustain an injury in connection with your work, causing you to lose wages because of missed work or if you require medical treatment, you are entitled to workers compensation benefits. To collect you need to prove that your injury was sustained "in the course of" your employment.  The damages you can collect are determined by statute. You don't have to prove that the employer was at fault in causing your injury. However, the workers compensation statute in most states pre-empts all other causes of action. IT is the only method you can use to recover damages for a workplace injury. Missouri law could be a little different on these points, so you should contact a Missouri Workers Compensation attorney for advice and assistance.   Michael Caldwell 404-979-3150... Read Answer

The rules are pretty tight on taking out money from the 401K plan.  The plan is governed by a set of rules that the employer or administrator must follow.  there has to be a real financial need and if approved, the money is taken as a loan with interest.  Talk to an attorney to get more detail... Read Answer

Unless your wife has a contract providing otherwise, her employer is free to reduce her salary without her consent (and she is free to quit. She might even get unemployment compensation after quitting since the pay reduction is so significant. However you need to check with a Missouri attorney on this point. On the other hand, if the motive for lowering her salary is to force her to quit because of her age or gender, then the employer's decision can be attacked as unlawfully discriminatory. You cannot win an equal pay act case unless you can show that the company is paying a male employee who performs the same duties as she performs in the same working conditions at the same location more than it is paying her. In fact, you have to be able to eliminate every legitimate explanation other than her gender as a reason for the pay difference. The fact that it is increasing the pay of male estimators while reducing her pay does not show unlawful discrimination unless she also is an estimator.  Michael Caldwell 404-979-3150... Read Answer

Your employer has substantial Fair Labor Standards Act problems that can result in his paying you what he owes, plus more, and your attorney's fees.  Find a firm in your city that handles these types of wage claims.  If this occurred in Minnesota, I know our firm would be interested.  There must be firms like ours in Missouri who care about the minimum wage law.... Read Answer

If you believe you were terminated because you asserted your rights under the Worker's Compensation Act, in Missouri, you may have a cause of action for retaliatory discharge. You will be required to prove that the worker's compensation claim was the "exclusive" reason for your termination, which is an extremely high standard. I would recommend contacting an experienced employment law attorney to discuss the specific facts of your case.... Read Answer

There is not an easy answer here, and I suggest you call a good employment lawyer in your area, but I'll give you some general information. Whether a release is valid depends on a number of factors.  First, the release generally has to be "supported by consideration."  That means the company can't simply force an employee to sign a release in order to receive pay already due them.  However, from you question it seems as though the company is offering you 20 weeks of continued salary in exchange for you signing the release.  That's pretty typical, and the 20 weeks pay will be "consideration" for your release of claims.  That is, they are paying you the 20 weeks in exchange for your agreement you will not sue them.  If you accept that offer and sign the release you should assume you are giving up all of your rights to sue the company.  Even if you accept the payment and sign the release, there are certain thing the company cannot require you to give up.  For instance, if you later develop an occupational disease as a result of your employment with the company, that claim would probably not be released.  Also, you cannot be required to give up your right to participate in an EEOC investigation, though you can be required to give up any right to recover damages through an EEOC claim.  Many states have their own laws governing what the employee can be required to give up. Also, whether the "general release" is valid may depend on the release itself.  Under the Older Workers' Benefits Protection Act, the employee must be given at least 21 days (in some cases up to 45 days) to consider whether to take the severance offer, must be told he has a right to consult an attorney, and must be given 7 days to "revoke" the release after the employee signs it.  Many states also have local requirements.  If the general release does not meet all of these requirements it may be invalid. So, I think the "short" answer is that you should assume that if you accept the severance offer of 20 weeks continued pay in exchange for the general release of claims, your release will be valid and enforceable.  I highly recommend you check with a good employment lawyer for specific advice.... Read Answer