When you work in Missouri, you have certain rights regarding your employment. If you believe you have been fired in an illegal manner, you should speak with a wrongful termination lawyer in Kansas City, MO. Even though Missouri is an at will state, meaning that your employer may end the relationship at any time, they may not do so illegally. Here are some examples of wrongful termination:
8 Examples of Wrongful Termination
1. Sexual Harassment
In Missouri, you have the right to work in an environment that is free from sexual harassment. Sexual harassment can take many forms, including:
- Unwanted physical contact
- Requests for sexual favors
- Sexual comments or jokes
- Inappropriate self-exposure
If your employer fires you for reporting sexual harassment, you have grounds for a wrongful termination claim. Likewise, if you are fired after refusing a request for sexual favors, the termination was done illegally. You can learn more about sexual harassment by visiting the U.S. Equal Opportunity Commission.
2. Discrimination
Unfortunately, wrongful termination is often rooted in discrimination. Individuals belonging to certain groups are protected against discrimination by both federal and state laws. It is illegal to discriminate against an employee based on:
- Race
- Age
- National origin
- Religion
- Genetic information
- Pregnancy status
- Disability
- Sex
3. Breach of Contract
Your written contract with your employer might have specific clauses laying out valid reasons for your termination and protocols that need to be followed if your employer decides to fire you. If your employer fires you without abiding by this contract, they act illegally.
4. Certain Situations Related to the Coronavirus Pandemic
The COVID-19 pandemic created a great deal of stress and uncertainty in the workplace and in the economy as a whole. While many people who lost their jobs were laid off according to correct protocols, others were fired illegally. Examples include people who were fired for reporting an unsafe environment, for abiding by a legal shelter-in-place order, for taking medical leave, or for claiming COVID-19 workers’ compensation benefits.
The COVID-19 pandemic also created many gray areas in the application of the law. If you feel that you might have a claim against your employer for actions they took against you during the pandemic, you should get in touch with one of the top wrongful termination law firms in Kansas City.
5. Retaliation Against Exercising Wage and Hour Rights
If your employer attempts to pay you less than the minimum wage or fails to pay overtime when required, you might have grounds for a wrongful termination claim. In Missouri, the minimum wage is usually $11.15 per hour, with some exceptions. Federal and state law specifies that employees are entitled to overtime after they have worked 40 hours per week. The Employment Law Handbook provides information on minimum wage laws, overtime laws, and related issues.
6. Violation of Laws Pertaining to Pregnancy
In addition to being protected against discrimination on the basis of pregnancy status, you have the right to take a reasonable amount of time for pregnancy leave. In the case of a normal pregnancy, 6 weeks is considered a reasonable amount of time. If you are disabled because of your pregnancy, your employer must also act according to disability laws.
In the case of any pregnancy, it is your employer’s responsibility to reinstate you with the same job responsibilities you had when you left, provided the reinstatement is not unreasonable or impossible. Any termination that occurs in opposition to these laws is wrongful and illegal.
7. Violation of the Federal Family and Medical Leave Act (FMLA)
FMLA applies to employers with over 50 employees. It specifies that employers may take up to 12 unpaid weeks off each year
- For a serious medical concern
- To care for a sick relative
- To care for a newborn child
FMLA also allows employees to take up to 26 unpaid weeks off each year to care for a family member who was injured while performing military duties. The US Department of Labor provides additional information on FMLA.
8. Retaliation for Whistleblowing
An individual who reports illegal behavior on the part of their employer is considered a whistleblower in the workforce. Examples of whistleblowing include reporting incidents of discrimination, sexual harassment, violations of public policy, and attempts to coerce employees into performing illegal activities.
You do not have to be the direct victim of the act your report to be considered a whistleblower. A whole body of whistleblower laws exists to protect such individuals against wrongful termination and other forms of retaliation.
Working With a Wrongful Termination Lawyer in Kansas City, MO
Victims of wrongful termination deserve to have their employers held accountable. Filing a claim and navigating the legal system can be tricky, especially when it means going up against a former employer. Working with a wrongful termination lawyer in Kansas City, MO. can strengthen your case and give you the confidence you need to pursue your rights.
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