Employers are generally free to fire employees for any reason they see fit. However, there are some grounds for termination that are prohibited by law. If an employer fires an employee for such a reason, this is known as wrongful termination. In this article, we discuss how to know if you have been wrongfully terminated.
What is Wrongful Termination?
Missouri operates under a system of at-will employment. This means that an employer may terminate an employee for any reason except those that are in violation of federal and state laws. Common examples of issues that may result in wrongful termination include:
- An employer terminating an employee for reporting illegal activity in the workplace, safety violations, or workplace harassment
- An employer terminating an employee based on protected characteristics, such as race, pregnancy, or gender identity
- An employer terminating an employee in retaliation for the employee filing a workers’ compensation claim
- An employer terminating an employee due to the employee’s refusal to break the law
- An employer terminating an employee for attending jury duty or joining a labor union
Wrongful Terminations and Anti-Discrimination Laws
There are multiple state and federal laws in place prohibiting employers from discriminating based on certain protected characteristics. Laws that provide protection from wrongful termination and discrimination include:
- The Civil Rights Act (Title VII)
- The Age Discrimination in Employment Act (ADEA)
- The Missouri Human Rights Act (MHRA)
- The Americans with Disabilities Act (ADA)
- The Family and Medical Leave Act (FMLA)
These laws prohibit employers from terminating employees due to protected characteristics like:
- Race
- Age discrimination
- Sexual orientation
- Color
- Religion
- Disability
- Gender identity
- National origin
- Pregnancy
Unfortunately, although most employers are aware of these laws, some still terminate employees for unlawful reasons. Sometimes, however, employers will attempt to disguise their true motives for terminating an employee by coming up with an alternative (and false) reason for the termination. Therefore, it is important to work with an experienced attorney if you believe you have been wrongfully terminated.
Employer Obligations Regarding Termination
Employers have several legal obligations with which they must abide when seeking to terminate an employee. Any violation of these obligations may constitute wrongful termination. Examples of employers’ legal obligations regarding termination include:
- To not retaliate or discriminate pursuant to the Missouri Human Rights Act
- To not breach an existing employment contract
- To pay all compensation due to an employee upon his or her termination
- To offer COBRA benefits for employees and their dependents if applicable
- To report the termination to the Department of Social Services under certain circumstances
- To provide a letter of dismissal within 45 days when requested in writing by an employee who has been terminated
Contact a Wrongful Termination Attorney
If you have been wrongfully terminated in the state of Missouri, you need an experienced attorney in your corner. At Privette Law Office, we understand the difficulties associated with wrongful termination. Therefore, when you come to us for assistance with your wrongful termination case, we will work diligently to obtain financial compensation on your behalf. Please contact us to arrange a consultation with a talented wrongful termination attorney.