Wrongful Termination

Employment Law Attorneys in the State of Missouri Fighting For You

Employment in Missouri follows the at-will statute, which upholds that an employer may fire an employee for no reason but not for an unlawful reason. For instance, your employer may not fire you because you refuse to violate the law when carrying out your job duties.

However, wrongful termination claims can be challenging to prove. For this reason, anyone who believes they have been wrongfully terminated must seek the help of an experienced wrongful termination lawyer who can evaluate their case professionally.

Employees who prove they have been wrongfully terminated may be entitled to compensation for lost wages, emotional distress damages, or loss of health insurance or pension benefits. Our Missouri law firm is passionately committed to holding employers accountable for their actions and will fight to protect your rights.

If your business employer has wrongfully terminated you, contact an employment law attorney from Riggan Law Firm in Missouri for professional legal representation in your wrongful termination case.

What is Considered Wrongful Termination in Missouri?

To understand what constitutes wrongful termination in Missouri, it is also important to understand the state’s employment laws. Missouri is an at-will employment state, meaning an employer can terminate employees for any reason except those violating state and federal laws.

However, state employment laws are clear regarding what constitutes wrongful termination. According to Missouri law, wrongful termination occurs when you report issues and any violations concerning workplace safety. Often, an employer may terminate an employee for using their workplace rights.

Some common examples of issues that may lead to wrongful termination include:

• An employer firing an employee for reporting workplace harassment, safety violations, or illegal activity
• The employer fired an employee based on discriminatory motives based on protected characteristics such as race, pregnancy, or gender identity
• An employee was terminated after filing a workers’ compensation claim
• An employee was terminated because they refused to break the law, or they reported their employer for engaging in illegal activities
• The employer fired an employee for joining a labor union or taking time off work to participate in jury duty

Additionally, wrongful termination may occur if any employee has no choice but to quit due to challenging workplace conditions initiated by their employer. This practice, constructive discharge, may constitute wrongful termination and is prohibited under Missouri’s employment laws.

If you are still determining whether or not you have been wrongfully terminated, the best choice is to contact a wrongful termination lawyer who can assess your case. The wrongful termination lawyers of our Missouri law firm will gladly review the circumstances involved to determine if your termination violates state law.

Can Employment Contracts Protect Workers From Wrongful Termination?

Many employers are under the mistaken impression that because Missouri follows at-will employment law, they can fire all employees, even those who have employment contracts. Missouri operates under at-will employment laws, which state that employees may be terminated at any time if they do not have an employment contract promising them employment for a specific period.

However, an agreement between an employer and an employee must be written to make a wrongful termination claim. In addition, the written contract must be signed so that the employee is exempt from the state’s at-will status.

However, even with a written contract, employees may still be terminated for various reasons that are usually discussed in the contract, including:

• Poor employee performance
• Attendance issues
• Violations of stated company policies

Furthermore, a termination may be lawful if it does not breach the contract terms or violate the employee’s civil rights based on protected class characteristics. However, if you have been terminated and had an employment contract, you should still consult an experienced employment attorney to see if you were treated fairly.

Riggan Law Firm, LLC has a dedicated legal team to hold your employer accountable for your potential wrongful termination. Contact our law office today to schedule a meeting with an employment attorney so that we may investigate your case and determine if a breach of contract has occurred.

What are Anti-Discrimination Laws and Wrongful Termination in St. Louis

Multiple state and federal laws prevent employers from discriminating based on protected characteristics. These anti-discrimination laws are enforced to protect employees from unlawful termination, as you cannot be discharged based on your:

• Race
• Color
• Age Discrimination
• Sexual Orientation
• Religion
• Disability
• Gender Identity
• National origin
• Pregnancy

These traits are protected under the Civil Rights Act (Title VII), the Age Discrimination in Employment Act (ADEA), the Missouri Human Rights Act (MHRA), and the Americans with Disabilities Act (ADA).

The Family and Medical Leave Act (FMLA) also protects employees’ right to return to work after taking leave for specific reasons and protects them from termination.

However, even though most employers know the laws established to protect employees from discriminatory motives or wrongful termination, some still try to violate their employee’s legal rights. Suppose an employer is found to have knowingly violated an employee’s legal rights. In that case, the wrongfully terminated employee may file a lawsuit to try and recover compensation for damages, such as back pay and other lost benefits.

Additionally, under specific circumstances, a wrongfully terminated employee may be able to recover punitive damages if it is determined the employer acted with reckless indifference or a discriminatory motive.

Due to the legal complexities of navigating anti-discrimination and wrongful termination laws, anyone who feels discriminated against in the workplace should seek legal help immediately. Contact a knowledgeable employment lawyer, like those of Riggan Law Firm, who can help you take legal action to try and help you recover compensation

What are Some Examples of Wrongful Termination Scenarios?

An employer may unjustly fire employees for several employee acts protected under state and federal law. Some examples of your protected behavior that is an unlawful reason for terminating your employment are:

• Refusing to perform an illegal act or commit a violation of public policy in your work
• Complaining about your employer’s safety violations internally within the company or to a governmental agency such as the Occupational Safety and Health Administration
• Reporting the employer’s wage/hour violations to the Department of Labor
• Reporting a hospital or nursing home for patient abuse/neglect
• “Blowing the whistle” internally to certain management employees
• Serving on jury duty
• Engaging in union-related activity, such as joining a union or engaging in collective bargaining
• Asserting a workers’ compensation claim or exercising other rights under workers’ compensation laws
• Making a claim of or participating in an investigation of alleged violations of federal mail, wire, bank, or securities fraud statutes or any rule or regulation of the Securities and Exchange Commission

The above-listed scenarios are not the only acts that often lead to wrongful termination. If your employer fires you, it is important to remember that you have specific legal rights meant to protect you from being the victim of unfair labor practices.

What are the Overtime Laws in Missouri?

If you work for a Missouri employer, it is vital that you understand overtime laws and how they can affect your paycheck. As of January 1, 2024, Missouri’s minimum wage has been increased to $12.30 per hour and will continue to be adjusted yearly based on the cost of living.

By law, employers must pay at least one and one-half times the employee’s regular pay rate once overtime pay is in effect. Overtime pay begins once an employee works more than 40 hours in a workweek rather than 8 hours in a workday.

Missouri does not require that your employer allow for breaks; however, if they do, and if those breaks are 20 minutes or less, you are still entitled to be paid for that time.

Some employers may ask their employees to waive their rights to overtime and accept wages based on straight time. However, the practice of voluntarily waiving overtime pay is strictly prohibited by state and federal law. Therefore, any employer requesting workers waive overtime violates the law and should be reported to the Division of Labor Standards (DLS) of the Missouri Department of Labor and Industrial Relations.

Under Missouri labor laws, employees have up to two years from the date wages were paid to file a claim for unpaid wages or overtime.

You should not be penalized with wrongful termination for complaining about not being paid appropriately. If you have been fired for speaking up about unpaid wages or overtime, contact our Missouri law firm to learn more about our legal services. Depending on the circumstances involved, we may be able to file a wrongful termination lawsuit on your behalf.

How Can Your Missouri Law Firm Help Me if I Have Been Wrongfully Terminated?

If you have been unlawfully fired from your job, you must seek experienced legal counsel immediately. All too often, an employer punishes or fires employees in retaliation for reporting discriminatory practices or violations of state and federal law.

With over 30 years of combined experience, our St Louis firm’s dedicated wrongful termination lawyer can properly assess your case of wrongful termination and craft a defense against your unlawful firing. Our dedicated attorneys have comprehensive experience handling wrongful termination cases and would be honored to assist you.

Our professional legal team will work aggressively on your wrongful termination case to ensure that the unlawful employer is held accountable for their unjust actions. If we agree to take your case, we will fight to help you obtain a wrongful termination settlement that is in your best interests and not those of your former employer.

When you retain the legal assistance of an employment lawyer at Riggan Law Firm, LLC, you can trust that we will aggressively fight for and defend your employee rights and freedoms.

Contact our Missouri law firm by calling 314-528-9661 and ask to schedule a consultation with a wrongful termination lawyer at Riggan Law Firm today so that we may review your case.