Employment At-Will Doctrine In Missouri and Wrongful Termination

A common question that is asked by many individuals who have been terminated is whether they can sue their Employer for “wrongful termination” or “wrongful discharge.”  In Missouri, Employees may be terminated any time as long as they do not have an employment contract for a specific period of time.  This rule is most commonly called the Employment-at-Will Doctrine.

There are Exceptions to At-Will Employment

The Employee and Employer can choose to sever their relationship at any time, however, there are exceptions to this Doctrine. If the Employee has been discharged based upon the individual’s race, color, age, religion, ethnicity, handicap, gender, national origin, or pregnancy, then the Employee may have protected legal rights  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). Additionally, the Family Medical Leave Act (FMLA) also protects an Employee’s rights to return to work after taking up to twelve weeks of unpaid leave due to a serious health condition, a sick child, spouse, or parent, or after the birth of a child. Only Employers with 50 or more employees and individuals who have worked for the Employer for 12 months will qualify for FMLA leave.

Other Exceptions to the At-Will Doctrine

The Missouri courts have recognized several other exceptions to the Employment-at-Will Doctrine.  An Employee may have a claim for “wrongful discharge” if an Employer terminates an Employee for filing a workers’ compensation claim, for reporting wrongdoings or violations of law, for refusing to commit a crime or to act contrary to public policy, or for performing a civic duty e.g. serving on a jury or participating as a witness in an investigation.  In each of these examples, the Employee must prove that he or she was terminated based upon one of these exceptions.

If you are terminated and believe that your legal rights were violated, please contact our office for a consultation with our Labor & Employment law attorney, Stacey Page. We can help you assess whether you have any legal recourse against your Employer.

• This article is provided for informational purposes only, if you need help with an Employment Law Problem,
  click here to talk to Kenneth Reynolds or an Employment lawyer in your area.