Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

Can I terminate employees without violating employment laws in Missouri? What are the requirements?

Requirements for Terminating Employees in Missouri

In Missouri, an employer can terminate an employee without violating employment laws if the termination is for a valid reason and does not violate any employment contract. However, if the employee’s employment is for a definite period of time and the employer terminates the employee without cause before the expiration of such time, the employee may have an action against the employer for any damages sustained by reason of such wrongful discharge [1.1].

Valid Reasons for Termination

An employer can terminate an employee for any reason that is not discriminatory or retaliatory. Discrimination based on race, color, religion, national origin, sex, age, disability, or genetic information is prohibited under federal and state law. Retaliation against an employee for engaging in protected activity, such as reporting discrimination or harassment, is also prohibited [3.1].

Notice Requirements

Missouri is an employment-at-will state, which means that an employer can terminate an employee at any time and for any reason, unless there is an employment contract or collective bargaining agreement that provides otherwise. However, employers are required to provide notice to employees in the event of a mass layoff or plant closing under the federal Worker Adjustment and Retraining Notification (WARN) Act if the employer has 100 or more employees [3.1].

Exceptions

There are some exceptions to the at-will employment doctrine in Missouri. For example, an employer cannot terminate an employee for refusing to violate a law or public policy, such as reporting a violation of workplace safety laws or refusing to engage in illegal activity. Additionally, an employer cannot terminate an employee for filing a workers’ compensation claim or for serving on a jury [3.1].

Whistleblower Protection

Missouri has a Whistleblower’s Protection Act that protects employees who report unlawful acts of their employer, report serious misconduct that violates a clear mandate of public policy, or refuse to carry out a directive issued by their employer that would be a violation of the law. An employer cannot discharge a protected person because of their status as a protected person. A protected person who is aggrieved by a violation of this section shall have a private right of action for actual damages but not for punitive damages. The remedies available in such an action shall be back pay and reimbursement of medical bills directly related to a violation of this section. Additionally, if a protected person proves, by clear and convincing evidence, that the conduct of the employer was outrageous because of the employer’s evil motive or reckless indifference to the rights of others, then, such person may receive double the amount awarded as liquidated damages [2.2].

Conclusion

In summary, an employer in Missouri can terminate an employee without violating employment laws if the termination is for a valid reason and does not violate any employment contract. Employers are required to provide notice to employees in the event of a mass layoff or plant closing under the federal WARN Act if the employer has 100 or more employees. However, there are exceptions to the at-will employment doctrine in Missouri, such as terminating an employee for refusing to violate a law or public policy or for filing a workers’ compensation claim. Missouri also has a Whistleblower’s Protection Act that protects employees who report unlawful acts of their employer, report serious misconduct that violates a clear mandate of public policy, or refuse to carry out a directive issued by their employer that would be a violation of the law [1.1][2.2][3.1].

Source(s):
Jurisdiction

Missouri