What is a wrongful termination? An employee wrongfully terminated by an employer can occur for various reasons including discrimination. Wrongful termination in Missouri is when an employer discharges an at-will employee for illegal reasons.
- Types of Illegal Termination in Missouri
- Types of Legal Termination in Missouri
- At-will Employment Exceptions in Missouri
- Filing a Discrimination Charge With the Equal Employment Opportunity Commission in N Missouri
- Filing a Lawsuit Against Your Employer in Missouri
Luckily, employees wrongfully fired from jobs have rights under the federal and state governments. Employees wrongfully terminated from their jobs can present legal repercussions for the former employers, including a lawsuit and a bad reputation ultimately.
The employer will appear untrustworthy to future employees, steering many away from joining the company. At first, being wrongfully fired in MO can be traumatizing and financially devastating, but it is best to move forward and look at the available options. There are several types of unlawful terminations to look out for such as breach of contracts.
Missouri Unemployment Resources
Types of Illegal Termination in Missouri
Employees should know the types of unlawful terminations that the state and federal governments consider illegal. All types of illegal termination of employment based on discrimination can be subject to a discrimination charge with the Equal Employment Opportunity Commission (EEOC).
Discriminatory types of illegal firings include termination based on age, race, sex, national origin or religion. Other types of illegal dismissal of employment in Missouri include termination on the basis of disability or veteran status.
Any employee who experiences any of these types of illegal terminations in Missouri is entitled to an investigation and subsequent lawsuit. Identifying the types of unlawful terminations from employment helps employees and attorneys determine a cause of action and ways to proceed.
Types of Legal Termination in Missouri
Every employer has legal reasons for terminating employees in Missouri including business closure and the end of a contract. Other types of legal termination in Missouri include layoffs and mediocre work performance.
Employees can expect some types of legal termination of employment such as the end of a contract, while other legal terminations can catch workers off guard. The types of legal firings that employees are least happy about are business closure and layoffs. For many, this life change leaves former employees lost, even if it comes expectedly.
The upside is this type of legal dismissal of employment does qualify the former employee for unemployment benefits. Before filing an EEOC claim, employees should determine if their firing was one of the types of legal termination of employment or if they have legal grounds to pursue restitution.
At-Will Employment Exceptions in Missouri
What is employment at will? At-will employment means either the employer or employee, who does not have an employment contract, can terminate the working relationship at any point. Is Missouri an at will state? Missouri is among the many states who have an at-will employment structure.
There are exceptions to at will employment that protects the employee from wrongful termination. At will employment exceptions in Missouri only include public policy, which prevents employers from dismissing an employee who refuses to break the law or violate public policy for the benefit of the employer.
Other exceptions to at will employment in the nation include the implied contract and covenant of good faith.
Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Missouri
Filing a charge of discrimination in Missouri is the first thing former employees will need to do to seek legal action against the former employer. An EEOC office will show workers how to file an EEOC employment discrimination, but claimants need to initiate the process within 180 days of the wrongful termination.
After employees file a wrongful termination discrimination charge, the EEOC will review the case and attempt mediation between both parties. Mediation can resolve the issue usually within three months. If mediation is unsuccessful, an investigation will begin, which can take 10 months.
The EEOC investigator will visit the workplace, conduct interviews and obtain employment documentation. If it is determined the employer wrongfully terminated the employee, the EEOC will try to reach a settlement.
If you file a wrongful termination discrimination charge and neither mediation nor a settlement is possible, the EEOC will provide a Notice of Right to Sue. This will allow former employees to seek further legal guidance and begin a lawsuit. An attorney can tell employees how to file a charge of employment discrimination lawsuit.
Filing a Lawsuit Against Your Employer in Missouri
Can I file a lawsuit for wrongful termination? To file a lawsuit against your employer in Missouri, you must make a decision to pursue the case after receiving a Notice of Right to Sue from the EEOC. An attorney can explain how to file a wrongful termination lawsuit and assist in filing the correct paperwork as well as collecting the necessary evidence to prove your case.
Evidence collected when filing a wrongful termination claim against employers includes pay stubs, hiring documents, witness accounts and written statements. Suing for wrongful termination in Missouri is a time-consuming process that can last over a year in some cases. If you decide to file a lawsuit against employees for wrongful termination, you will need to anticipate the delay between filing and receiving compensation for losses.
Last Updated: October 18, 2022