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Missouri Wrongful Termination Laws
Every state depends on federal wrongful termination and discrimination laws to protect their citizens in the workplace, primarily based on the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964. However, most states have additional supplemental statutes to further insure the civil rights of its workers. “At will” states like Missouri allow both employees and employers to terminate employment for any reason other than those outlined in state and federal laws, so state EEOC and human rights agencies play a big part in helping employees understand their rights and pursue them if they are abused.
Missouri’s Specific Labor Laws
Missouri has enacted a limited number of supplemental labor laws covering such areas of anti-discrimination and wrongful termination as those listed in the chart below:
|
Benefit |
State Law |
Additional Benefits |
|
Right to Work |
No |
|
|
State Minimum Wage |
$6.50 |
(Applies only to service or retail businesses with gross annual sales of more than $500,000); maximum tip credit up to 50%; minimum wage for tipped employees $3.25 |
|
State Military Leave |
Yes |
Employer prohibited from interfering with any employee’s state or U.S. military service, enlistment, leave, or return to the job |
|
Jury Duty |
Yes |
Unpaid leave; employer cannot penalize employee in any way; employer cannot take sick leave, vacation time, or other leave time to compensate |
|
Voting |
Yes |
Paid leave, if necessary, to allow employee 3 consecutive hours off when polls are open; pay contingent upon actual vote by employee (but no proof of voting required); at least 1 day employee notice required |
|
Garnishment |
Yes |
Employer fee of 2% or $8 per general garnishment, whichever is greater; as much as $6 each month per child support payment |
|
State Family & Medical Leave |
No |
|
|
Arrest & Conviction Records |
No |
|
|
Discrimination |
Yes |
6 or more employees; age (40 to 70); national origin; disability (physical or mental); AIDS/HIV; gender; pregnancy/childbirth; race; religion; genetic testing |
|
Whistleblower |
Yes |
For public employees; no penalties for reporting; can appeal through state personnel advisory board within 30-day statute of limitations for modification or reversal of employer’s disciplinary actions and other lawful relief |
|
Plant Closings |
Yes |
Plant takeovers must be reported to state securities commission concerning future plans to sell, liquidate, or in any way change corporate or employment structure |
*These laws change often, so consult local statutes for the most up-to-date information.
Missouri Discrimination Laws
Specific federal statutes protecting Missouri citizens from discrimination because of race, color, religion, sex, or national origin, as well as state statutes supplementing those laws, can be pursued according to these standards under Missouri discrimination laws:
- Private discrimination lawsuits are preempted by actions through state agencies.
- Employees are not limited to EEOC or human rights claims, but may pursue personal lawsuits for discrimination remedies.
- Employees may recover attorney’s fees from a defendant as part of a successful discrimination settlement.
- The statute of limitations for Missouri discrimination claims is 180 days.
Filing a Claim for Wrongful Termination
State agencies and employee rights attorneys generally investigate wrongful termination claims thoroughly to determine their validity before pursuing conciliation or mediation. If those processes fail, they may then take their claim to court and file a civil lawsuit.
Legal Remedies for Wrongful Termination
There are a number of possible remedies for wrongful termination in the state of Missouri, which vary depending on the type and degree of offense as well as the particular state laws that apply:
- Punitive damages
- Lost wages
- Injunctive relief in the workplace
- Reinstatement of benefits and position
- Attorney’s fees and court costs
- Compensation for stress and suffering
There are additional penalties for employers who violate federal or state laws in Missouri against wrongful termination:
Jury duty – employer may be liable for back pay, damages, attorney’s fees, and reinstatement
Garnishment – for failing to withhold child support employer is liable for unpaid support and fines of up to $500; for penalizing employee or potential employee for garnishments, liable for fines of up to $150, reinstatement, back pay, legal costs, attorney’s fees, plus support that should have been withheld during employee termination period (based on termination within 30 days of support order)
Whistleblower – state personnel advisory board may recommend suspension without pay for up to 30 days; willful or repeated violation may result in forfeiture and disqualification of state employment or appointment for up to 2 years
Local EEOC agencies and the state Commission on Human Rights can provide a great deal or information or representation for employees who believe their rights have been violated. In addition, employee rights attorneys can advise those employees about how to be reinstated, receive compensation, or insure injunctive relief for abuses in the workplace.
Local Resources
EEOC Regional Office
St. Louis District Office
1222 Spruce Street, Room 8.100
St. Louis, MO 63103
314-539-7800 or 800-669-4000
TTY: 314-539-7803 or 800-669-6820
FAX: 314-539-7894
Commission on Human Rights
Jefferson City, MO
573-751-3325
www.dolir.state.mo.us/hr