What Constitutes Unlawful Termination in Missouri
Unlawful termination, also known as wrongful termination, occurs when an employer terminates an employee's contract in violation of legal rights or contractual agreements. In Missouri, as well as in other states, the rules governing unlawful termination can vary significantly. Understanding what constitutes unlawful termination in Missouri is essential for both employees and employers to ensure compliance with labor laws.
In Missouri, the employment relationship is generally considered "at-will." This means that either the employer or the employee can terminate the employment relationship at any time for any reason that is not illegal. However, there are crucial exceptions to this general rule that can lead to a claim of unlawful termination.
One primary category of unlawful termination in Missouri involves violations of anti-discrimination laws. The Missouri Human Rights Act (MHRA) prohibits employers from terminating employees based on specific protected characteristics, including:
- Race
- Color
- Religion
- Sex
- National origin
- Disability
- Age (40 years or older)
If an employee is terminated for reasons related to any of these characteristics, they may have a valid claim for unlawful termination under state or federal law, such as Title VII of the Civil Rights Act.
Another essential factor in unlawful termination claims is retaliation. If an employee reports illegal activity, files a complaint regarding discrimination, or participates in an investigation concerning these matters, it is unlawful for the employer to terminate their employment as retaliation. Missouri law protects employees from such discriminatory practices.
Contractual violations also play a significant role in establishing unlawful termination. If an employee has an employment contract that clearly outlines the terms of their employment, including the circumstances under which they can be terminated, any deviation from this agreement may constitute wrongful termination. This applies to both written and verbal contracts that define job expectations and termination protocols.
Furthermore, whistleblower protection laws in Missouri safeguard employees who report illegal actions by their employers. If an employee is fired for reporting violations of local, state, or federal laws, they might have grounds for an unlawful termination claim.
In some cases, termination due to absences resulting from a medical condition or disability could also lead to unlawful termination claims, particularly if the employer fails to provide reasonable accommodations as mandated by the Americans with Disabilities Act (ADA).
Employees in Missouri who believe they have been unlawfully terminated should document all relevant information, including communication with their employer and details surrounding their termination. It is advisable to seek legal counsel to understand rights and options, as the process for pursuing a wrongful termination claim can be complex and time-sensitive.
In conclusion, unlawful termination in Missouri is characterized by a range of factors, including discrimination, retaliation, contractual violations, and failure to accommodate disabilities. Recognizing these elements is vital for both employees and employers to navigate the intricacies of employment law effectively.