Fighting Wrongful Termination in Missouri | Legal Counsel for Unfair Discharge

Fighting Wrongful Termination in Missouri | Legal Counsel for Unfair Discharge

March 10, 2024 0 By Maria

Wrongful termination, also known as wrongful discharge, is a challenging experience that can have serious consequences for the affected employee. In the state of Missouri, it is crucial for employees to understand their rights and the legal remedies available to them if they believe they have been wrongfully terminated. This article will explore the concept of wrongful termination, steps to take if you’ve been wrongfully terminated, and how to protect your rights following such an unjust termination.

What Constitutes Wrongful Termination?

Wrongful termination occurs when an employee is fired for illegal reasons or due to a breach of employment contract terms. In Missouri, most employees are considered at-will employees, which means that they can be terminated for any reason, as long as it is not illegal. However, there are exceptions to this rule, and certain actions by the employer may constitute wrongful termination.

Understanding At-Will Employment

At-will employment is a fundamental aspect of the employment relationship in Missouri. It means that either the employer or the employee may terminate the employment relationship at any time, for any reason, or for no reason at all. While this provides flexibility to both parties, it also means that employees may be vulnerable to unfair or arbitrary terminations.

Violation of Employment Contract Terms

If an employee has a written employment contract, their termination must adhere to the terms specified in the contract. If an employer disregards the contractual terms and terminates the employee without justified cause, it may be considered wrongful termination.

Termination Based on Public Policy Violation

Terminating an employee for reasons that contravene public policy constitutes wrongful termination. For example, it may be considered wrongful if an employee is fired for refusing to engage in illegal activities or for reporting unlawful actions within the company.

Steps to Take If You’ve Been Wrongfully Terminated

If you believe you have been wrongfully terminated, there are specific steps you can take to address the situation and protect your rights under Missouri law.

Reviewing Missouri’s Wrongful Termination Laws

It’s important to acquaint yourself with Missouri’s laws regarding wrongful termination. Understanding the legal framework will help you assess whether your termination may have been unlawful and what options are available to you.

Filing a Complaint with Missouri Commission on Human Rights

If you believe you have been wrongfully terminated, you may be able to file a complaint with the Missouri Commission on Human Rights. This agency investigates claims of discrimination and retaliation in employment, providing a formal avenue for addressing wrongful termination concerns.

Seeking Legal Counsel for Wrongful Termination Claim

It’s advisable to seek the guidance of an experienced employment lawyer if you are considering pursuing a wrongful termination claim. An employment lawyer can assess the circumstances of your termination, advise you on your legal rights, and help you navigate the complexities of filing a claim or lawsuit.

Read Also:  Wisconsin's Wrongful Termination FAQs: Your At-Will Employment Rights

Protecting Your Rights Following Wrongful Termination

If you have been wrongfully terminated, it’s essential to take steps to protect your rights and seek appropriate compensation for any damages incurred as a result of the termination.

Understanding Your Right to File a Lawsuit

In some cases, employees may have the right to file a lawsuit against their former employer for wrongful termination. These lawsuits can seek damages for lost wages, benefits, and emotional distress resulting from the termination.

Identifying Illegal Activities Leading to Termination

Employees who have been wrongfully terminated should carefully document any illegal activities or discriminatory practices that may have led to their termination. This information can be crucial in supporting their claim and seeking legal recourse.

Recovering Damages for Emotional Distress

Wrongful termination can have a significant impact on an individual’s emotional well-being. In some cases, employees may be able to recover damages for emotional distress caused by the wrongful termination, in addition to other compensation for financial losses.

It’s important for employees in Missouri to be aware of their rights and options in the event of wrongful termination. Seeking legal counsel and understanding the relevant laws are essential steps in fighting back against unjust discharge and holding employers accountable for their actions.

 

What constitutes wrongful termination in Missouri?

Wrongful termination in Missouri occurs when an employee is fired in violation of state or federal laws, or when it violates public policy, such as terminating an employee for reporting illegal activity or for exercising their legal rights.

 

When should I contact a wrongful termination lawyer in Missouri?

You should contact a wrongful termination lawyer in Missouri as soon as you suspect that you have been wrongfully terminated. They can advise you on your rights and options going forward.

 

What can an employment law attorney do to help with a wrongful termination case?

An employment law attorney can assess your case, gather evidence, negotiate with your employer, and represent you in court if necessary to help you seek justice for wrongful termination.

 

What is the process to sue for wrongful termination in Missouri?

To sue for wrongful termination in Missouri, you will need to file a lawsuit in the appropriate court, typically within a specified time frame. It’s important to consult with a wrongful termination lawyer to understand the specific legal process involved.

Read Also:  Find the Best Wrongful Termination Lawyer at Morgan Law Firm

 

Is Missouri an at-will employment state?

Yes, Missouri is an at-will employment state, which means employers can generally terminate employees for any reason, as long as it does not violate the law or public policy.

 

What is the Missouri Human Rights Act and how does it relate to wrongful termination?

The Missouri Human Rights Act provides protections against discrimination and harassment in employment based on certain characteristics, and wrongful termination may occur if an employee is fired due to their protected status or engaging in protected activities.

 

Can an employee terminate their employment for refusal to violate the law in Missouri?

Yes, an employee can terminate their employment in Missouri if they are asked to commit an illegal act, as it would be considered wrongful termination if they were fired for refusing to engage in unlawful behavior.

 

What should I do if I believe I have a wrongful termination claim in Missouri?

If you believe you have a wrongful termination claim in Missouri, it is advisable to seek the counsel of a wrongful termination lawyer who can evaluate your situation and advise you on the best course of action, which may involve pursuing legal action against your former employer.

 

What are the potential remedies for wrongful termination in Missouri?

Potential remedies for wrongful termination in Missouri may include reinstatement to your former position, back pay, front pay, compensatory damages, punitive damages, and attorney’s fees, depending on the specifics of your case and the legal avenues pursued.

 

Can I have a free consultation with a wrongful termination attorney in Missouri?

Many wrongful termination attorneys in Missouri offer free initial consultations to review your case and discuss your legal options, allowing you to gain insight into your situation without financial commitment.

 

Conclusion

When it comes to wrongful termination in violation of public policy, Missouri follows the employment-at-will doctrine, allowing an employer to fire an employee for any reason as long as it is not illegal. However, if an employee can prove that they were discharged for a reason that goes against public policy, such as refusing to violate the law or based on their national origin, they may have a valid wrongful termination claim. In such cases, it is crucial to seek legal counsel from experienced employment attorneys, like a louis wrongful termination lawyer, who can help navigate the complexities of Missouri labor laws. Although Missouri employers have the right to fire an employee, an employee may still be able to recover lost wages and other damages through a successful wrongful termination claim.