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Wrongful discharge is the unlawful termination of an employee. In Missouri, all employment is considered at-will unless otherwise specified, which means either the employer or employee can terminate employment with no notice and no reason. However, there are exceptions to this rule. If you’ve recently been fired, consult the following guide to evaluate whether your dismissal may give you grounds for a legal claim.

How to Tell If You've Been Illegally Fired

1. The Termination Breaches Your Contract

In some cases, an employer and employee might have a contract that guarantees employment for a specific period. The contract can be either written or verbal, but there must be verifiable proof of an agreement between the two parties.

Be sure to retain all written communications with your employer. In the case of an oral agreement, the courts will look at your length of employment, performance reviews, promotions, and witness statements to determine if the employer implied a contract and subsequently violated it.

2. You've Faced Discrimination

wrongful dischargeMany types of discrimination are illegal in the workplace, which protects people from being fired because of biases.

In Missouri, you can't be fired because of race, national origin, gender, religion, disability, HIV/AIDS status, genetics, or age (this applies to people between 40 and 70). These guidelines only apply to Missouri employers with six or more employees. While Missouri has no explicit laws prohibiting workplace discrimination based on sexual orientation or gender identity, the state does have laws prohibiting "sex stereotyping," so a worker fired for being LGBTQ may have a valid case.

3. Your Firing Was Retaliation

An employer cannot fire someone as retaliation for reporting workplace conditions. This includes reporting unsafe work environments, noncompliance with labor laws, and discrimination toward other workers or job applicants.

Sexual harassment is also illegal, and an employer cannot fire an employee as punishment for rejecting sexual advances or reporting inappropriate behavior.

 

If you believe you’ve been the victim of wrongful discharge, an attorney will help you explore all available legal options. The professionals at Henry & Williams P.C. have more than 60 years of combined experience representing clients throughout the Howell County, MO, region. They offer legal counsel in wrongful discharge and workplace discrimination cases to help you secure the compensation you deserve. Call (417) 256-8133 to schedule a consultation or visit them online to learn more about their qualifications.

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