Can I fire employees for reasons other than poor performance in Missouri? What are the requirements?

Can I fire employees for reasons other than poor performance in Missouri? What are the requirements?

In Missouri, employers can terminate employees for any reason, as long as it is not discriminatory or retaliatory ^[1.1]. Missouri is an “at-will” employment state, which means that employers can terminate employees for any reason, as long as it is not discriminatory or retaliatory ^[1.1]. However, there are certain requirements that employers must follow when terminating an employee.

Requirements for Terminating Employees in Missouri

1. Final Paycheck: Employers must provide the employee’s final paycheck on the next regular payday after the termination of employment ^[1.1].
2. Unemployment Benefits: If the employee is terminated, they may be eligible for unemployment benefits. Employers must provide the employee with a Notice to Workers About Unemployment Benefits ^[1.1].
3. Discrimination: Employers cannot terminate employees based on discriminatory reasons, such as race, gender, religion, or national origin. Doing so would be a violation of federal and state anti-discrimination laws ^[1.3].
4. Retaliation: Employers cannot terminate employees for engaging in protected activities, such as filing a complaint about discrimination or harassment, or reporting illegal activity ^[1.3].
5. Whistleblower Protection: Employers cannot terminate employees who report unlawful acts of their employer or refuse to carry out a directive that would be a violation of the law ^[1.2].

It is important to note that while Missouri is an “at-will” employment state, employers should still have clear policies and procedures in place for terminating employees. This can help to ensure that terminations are handled fairly and consistently, and can help to protect employers from potential legal claims.

Conclusion

In Missouri, employers can terminate employees for any reason, as long as it is not discriminatory or retaliatory. Employers must provide the employee’s final paycheck on the next regular payday after termination, and cannot terminate employees for engaging in protected activities or whistleblowing. Employers should have clear policies and procedures in place for terminating employees to ensure that terminations are handled fairly and consistently.

Source(s):

• [1.1] Transient employers, defined, bonding requirements — exceptions — specific requirements — penalties — records to be kept, how — discontinuance in activity, notice to director of revenue — inapplicability to certain out-of-state businesses.
• [1.2] Citation of law — definitions — at-will employment doctrine codified — protected persons, prohibited discharge — action for damages, when, remedies.
• [1.3] Employers of illegal aliens ineligible for state economic incentives, right of appeal, criminal penalties.

Jurisdiction

Missouri

• Labor