As an employee in Missouri, you have a right to a workplace free of harassment, discrimination, and retaliation behaviors. When Missouri workers face legal issues on the job, from wage disputes to harassment, contacting a Missouri employment law lawyer is an essential step for recourse. If you have been denied your rights, then you should speak to one of our Missouri employment law attorneys at Holman Schiavone Law, LLC as soon as possible. At Holman Schiavone, LLC, our employment lawyers in Kansas City, MO represent employees in a wide range of employment law disputes. Whether you are facing discrimination, sexual harassment, wrongful termination, or another adverse employment action, our employment attorneys in Kansas City are here to stand up for your rights. Any action against your rights at work is unlawful, and we can help you take appropriate action.

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Labor and employment law is complex, and it is important that you have legal representation from a law firm that will give your case the care and dedication it deserves. At Holman Schiavone Law, LLC we are fierce advocates for employee rights. We strongly believe that everyone deserves to feel safe and supported in their workplace and should be free to work without fear of harassment or discrimination.

Our firm represents employees in both state and federal courts, so regardless of the complexity of the employment law issues you are facing, we can help. Our employment lawyer in Kansas City offers a free consultation so that you can seek legal counsel and gain clarity on your next steps. We will answer all your questions and tell you if we think you have a valid claim. If we believe you do and you agree to representation, we will get to work quickly to find a resolution.

Employment law cases are often highly emotional, but we are here to support and guide you so that you can take back your power and claim the compensation you deserve. We can also help employees to understand and negotiate contracts. We are well-versed in contract law and language and can help ensure that your rights are protected. Contact us at 816-320-6108 to schedule a free consultation with an experienced Missouri employment law lawyer.

Understanding Missouri Employment Law

An employer yelling at his employee in front of others. If you feel you are being treated unlawfully in the workplace, our experienced employment lawyers in Kansas City, MO can help bring you the justice you deserve.

Numerous laws safeguard employees in Missouri to promote fair treatment at the workplace. These laws can be complex and multifaceted, which is why it’s beneficial to have a skilled employment lawyer on your side. Experienced Missouri employment lawyers can provide invaluable support to workers in need, including:

  • Investigating potential violations by employers
  • Providing legal advice and guidance
  • Assisting with negotiations and settlements
  • Representing employees in court
  • Leading the charge in employment litigation

Having an employment lawyer on your side can help ensure that your rights are protected and that you receive the compensation and justice you deserve. Choosing the right employment law firm is crucial for achieving a favorable outcome in your case.

Should your rights be violated, legal recourse may be available to you. This could include back pay, reinstatement in your former position, or the restoration of benefits. Grasping your rights and available legal recourse paves the way for justice. Whether you’re dealing with issues related to severance agreements, wages, or wrongful termination, knowledgeable employment attorneys are available to help.

Your Employment Law Rights in Missouri

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Both state and federal laws grant Missouri employees a range of rights. One key piece of legislation is the Missouri Human Rights Act, which prohibits employment discrimination on several grounds. If you’re an employee in Missouri, understanding your rights under this law can be crucial for spotting potential violations and taking action when necessary.

Yet, your rights extend beyond mere protection from discrimination. Missouri’s wage and hour laws, for instance, are designed to protect employees from exploitation and mandate overtime pay for work exceeding 40 hours in a workweek. Moreover, although Missouri is an at-will employment state, there are protections in place to prevent wrongful termination. For instance, an employer cannot dismiss an employee for reasons that violate legal protections, such as disability discrimination.

Discrimination in the Workplace

Workplace discrimination is a grave matter with potential long-term effects on an individual’s career and well-being. In Missouri, employment discrimination is typically associated with violations of laws such as Title VII, the Family Medical Leave Act (FMLA), and the Missouri Human Rights Act.

Regardless of whether you’re facing harassment or discrimination due to protected characteristics, comprehending your rights and available redress processes is vital. In Missouri, individuals can pursue a discrimination complaint by following the administrative process at the Missouri Commission on Human Rights (MCHR) or the federal Equal Employment Opportunity Commission (EEOC). Both agencies handle discrimination claims and provide options for seeking resolution. To bring a discrimination case to court, you’ll need a Right to Sue Letter (RTS), which can be obtained from the MCHR and/or the EEOC, typically with the support of an employment attorney.

Wage and Hour Laws

Wage and hour laws in Missouri are designed to ensure that employees are fairly compensated for the work they perform. There are specific regulations in place for minimum wage and overtime pay. For instance, the current minimum wage in Missouri is $12.00 per hour, and certain employees are entitled to receive overtime pay at a rate of 1.5 times their regular hourly rate when they work more than 40 hours in a workweek.

Beyond these basic safeguards, awareness of issues such as employee misclassification remains crucial. If an employee is incorrectly classified as exempt from overtime pay when they should be non-exempt, this can directly impact their entitlement to overtime pay.

If you believe you’ve been the victim of a wage and hour violation, an experienced employment law attorney can help you understand your rights and seek legal recourse.

Wrongful Termination

A man with his head down at his work desk because he is exhausted by being overworked with little meal or break opportunities. Our employment attorney in Kansas City is experienced at helping to fight injustices in the workplace.

Wrongful termination is another significant issue that can arise in the workplace. In Missouri, wrongful termination can occur under several circumstances, including when an employee reports workplace safety issues and violations, refuses to engage in illegal activities or takes action against public policies.

If an employer retaliates against an employee for reporting illegal behavior, such as discrimination or harassment, this can also be considered a form of wrongful termination. If you believe you’ve been wrongfully terminated, firms like Holman Schiavone, LLC can provide legal counsel and support. Our experienced wrongful termination attorneys can help you understand your situation, gather evidence, and pursue a valid claim for complete restitution.

When to Seek Legal Counsel from a Missouri Employment Law Attorney

Understanding the appropriate time to seek legal counsel is key to safeguarding your employee rights. If you believe your workplace rights have been violated, it’s advisable to consult with an employment law attorney in Missouri as soon as possible. There are many reasons you might seek legal advice, including:

  • Instances of workplace or civil rights violations
  • Unfair treatment or discrimination in the workplace
  • Wrongful termination or retaliation
  • Harassment or hostile work environment
  • Wage and hour disputes
  • Contract disputes

Seeking legal advice can help you understand your rights and options, and take appropriate action to protect yourself.

Individuals in Louis can seek assistance from an employment attorney for the following reasons:

  • To take legal action against workplace discrimination, harassment, or unlawful retaliation
  • To receive support and guidance throughout the process
  • To facilitate the process of resolving with your employer if you’ve encountered discrimination or retaliation after reporting unsafe conditions in the workplace

Harassment and Hostile Work Environments

Regrettably, harassment, including sexual harassment, and hostile work environments are prevalent in numerous workplaces. Harassment at work is never acceptable. However, it is not always considered unlawful. In Missouri, workplace harassment is defined as unwelcome actions or statements, based on a protected trait, that create a hostile or offensive environment for the employee. Employers can be held accountable for a hostile work environment claim if the employee reports offensive and harassing conduct to the employer.

For harassment to be considered illegal conduct in the workplace, it must be based on protected characteristics such as age or sexual orientation. In addition to being based on a protected characteristic, harassment must also be either severe or ongoing. It would be very difficult to succeed in a lawsuit based on a one-time incident, especially if the workplace dealt with it properly.

The Missouri Human Rights Act provides protections against such behavior, prohibiting employers from engaging in discriminatory and harassing behavior towards employees or job applicants based on protected characteristics. If you’re experiencing harassment or working in a hostile environment, firms like Holman Schiavone, LLC can provide you with the legal representation you need to seek justice.

Sexual Harassment

One common form of harassment is sexual harassment, which is in its nature based on sex or gender. It could involve unwanted advances, inappropriate comments or touching, explicit materials, or requests for sexual favors in exchange for promotion or other benefits.

Anyone can be guilty of sexual harassment, including a customer, co-worker, supervisor, or manager. It covers any behavior of a sexual nature that makes you feel uncomfortable and is never acceptable.

Employment Discrimination

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Discrimination must also be based on protected characteristics for it to be considered unlawful; some examples include:

  • Denial of promotion or a demotion based on a protected characteristic
  • Disciplinary action against someone with a protected characteristic, but not against other employees who did the same thing
  • Refusal to allow leave for pregnancy or a medical condition
  • Refusal to increase salary or a wage reduction based on a protected class
  • Forcing employees to perform a task that they have a religious objection to
  • Refusal to provide reasonable accommodations for a liability
  • Wrongful termination
  • An unfair job review based on a protected characteristic

Retaliatory Discharge and Whistleblower Protection

Retaliatory discharge and whistleblower protection are important aspects of employment law in Missouri. Retaliatory discharge occurs when an employer takes adverse action against an employee for exercising their rights or reporting unlawful activities. Some retaliatory behavior is not unlawful; for example, if someone is fired because they stole from their workplace, then this is not unlawful. However, if you are facing retaliation because you expressed concern regarding discrimination, harassment, or other illegal behavior, then this is entirely unjust.

Employees need to be aware of the crucial concept of whistleblowing, which involves reporting illegal acts or violations within the organization. Whistleblower protections are in place to prevent employer retaliation against employees who report illegal acts or violations. Whistleblower protections are integral to our commitment to maintaining a transparent and accountable workplace. These safeguards aim to shield dedicated team members from any potential retaliation by their employers, fostering an environment where ethical concerns can be raised without fear of adverse consequences.

If an employer is found to have engaged in retaliatory discharge, they may face penalties that prevent them from taking further retaliatory actions. Furthermore, punitive measures may be applicable for retaliating against individuals who file a workers’ compensation claim. If you believe you’ve been the victim of retaliatory discharge or if you are a whistleblower facing retaliation, it may be time to seek legal counsel.

Our employment lawyers at Holman Schiavone Law, LLC will help ensure that you report in a way that provides the most legal protection. If you have already reported a situation and are facing retaliation, then you should seek a free consultation with our employment attorneys as soon as possible.

Other Employment Law Violations

As an employee in Missouri, there are both state and federal laws designed to ensure that you are treated fairly. Some common law violations include:

Breach of Contract

Employment agreements can include terms of employment and duties of the employee and manager. In some cases, it may also include restrictive measures such as non-compete clauses which prevent the employee from working for a competitor of the company, even after they leave.

Employment contracts are legally binding, and so if yours has been breached, then you should speak with an experienced employment law attorney who understands the language used.

Fair Labor Standards (FLSA)

FLSA is a federal law that aims to protect employees against unfair pay practices, and certain states also have additional laws to protect employees. Some professionals are exempt from FLSA, such as executives and certain professionals.

FLSA sets regulations such as minimum wages, requirements for overtime pay, and limitations on child labor. Examples include:

  • Minimum Wage: The minimum wage set on the federal level is $7.25 per hour. However, where both state and federal laws apply, the employee is entitled to a higher amount, and Missouri has its own law, which sets the minimum wage at $11.15.
  • Overtime: Covered employees who work more than 40 hours a week are entitled to overtime pay. Overtime pay must be at least one and one and a half times regular pay.
  • Child Labor: Children under 14 are not able to work, and children between 14 and 16 are limited in the number of hours they are allowed to work. Children over 14 who do find employment are also protected from employment conditions that are detrimental to their education, health, and well-being.
  • Recordkeeping: Employers are required to maintain and keep time and pay records.

Misclassification of Employees

If you are a manager but are repeatedly asked to perform the same duties as the people you manage, then this is misclassification. You should not have to perform the same duties as FLSA-covered employees, and your employer may be doing this to avoid paying overtime.

Severance Agreements

Severance agreements may be offered to an employee who is changing positions or being laid off. It is important to know that the terms are negotiable, and you have certain rights. Therefore, before you sign anything, you should speak to a Missouri attorney.

Workplace Health and Safety Violations

If you have been injured at work due to unsafe conditions, then you should speak to an employment lawyer at Holman Schiavone, LLC as soon as possible. A lawyer from our team can help you claim compensation for your injuries.

Examples of workplace safety violations include inadequate training, defective equipment, and inadequate safety gear.

Additionally, if you are facing discrimination or termination because you made a report about an unsafe condition, then this is unacceptable. You are within your rights to report unsafe conditions, and we can help you resolve this with your employer.

The Role of an Experienced Employment Law Attorney

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A seasoned employment law attorney serves a vital function in safeguarding employees’ rights and offering legal representation in employment disputes. They are equipped to handle a wide range of employment law issues, including:

  • Discrimination
  • Harassment
  • Wage disputes
  • Wrongful termination

Having such an attorney from Holman Schiavone, LLC on your side can ensure that your case receives the necessary attention and commitment.

Besides legal representation, our employment law attorneys can mentor you during the investigation process, assisting in evidence collection and case strengthening. We can also assist in negotiations and out-of-court resolutions, working towards a fair resolution and avoiding litigation when appropriate.

Legal Representation in Federal and State Courts

Regardless of whether your case proceeds to state and federal courts, an employment law attorney can offer the required legal representation. Federal courts have jurisdiction over specific employment law cases, such as those related to workplace protections and employment discrimination. State courts, on the other hand, often handle cases related to the Missouri Human Rights Act and the public policy exception to the employment-at-will doctrine.

Initiating a civil action in federal court involves submitting a complaint, paying the necessary filing fee, and potentially receiving counsel if you meet the eligibility criteria. With an employment law attorney on your side, you can navigate these processes with confidence and ensure that you’re taking the right steps to protect your rights.

Aggressive Representation for Complex Cases

For complicated employment law cases, assertive representation can significantly contribute to a favorable outcome. This involves:

  • Approaching the case assertively
  • Advocating vigorously for employees who have been wrongfully terminated, harassed, or discriminated against
  • Using innovative tactics to settle cases.

Firms like Holman Schiavone, LLC are known for their assertive representation in complex employment law cases. As a firm represents employees, they utilize aggressive negotiation tactics, proactive communication, and strong leadership during litigation to advocate for their clients.

Common Questions About Employment Law Matters

The complexity of employment law often leaves many individuals with queries about their rights and accessible legal recourse. Some of the most common questions pertain to:

  • The forms of employment discrimination prevalent in Missouri
  • The criteria for wrongful termination
  • The definitions of retaliatory discharge and whistleblower protection.

Understanding these issues can be crucial for protecting your rights as an employee. If you have additional questions or are unsure about a specific aspect of labor and employment law, don’t hesitate to consult with an experienced employment law attorney from our firm. We can provide the information and guidance you need to navigate the complexities of employment law and protect your rights.

Your Next Steps: Seeking Justice and Fair Treatment in the Workplace

Two workers shaking hands.

Should you suspect a violation of your workplace rights, various actions can be taken to pursue justice and fairness. Fair treatment in Missouri workplaces is guaranteed through the Missouri Human Rights Act, among other employment and labor laws. If you suspect that your rights have been violated, you should file a formal complaint with the Missouri Department of Labor or the Missouri Commission on Human Rights.

In addition to filing a complaint, it can also be beneficial to document incidents of workplace discrimination or harassment. Here are some steps to follow:

  1. Provide a clear and concise explanation of the incident, including the names of the employees involved.
  2. Keep a record of any witnesses to the incident.
  3. Take note of any dates, times, and locations of the incidents.
  4. Save any relevant emails, text messages, or other forms of communication related to the incidents.
  5. Consider seeking advice from an employment law attorney to guide you through the process and help you take the necessary steps to protect your rights.

What a Missouri Employment Law Lawyer From Holman Schiavone Law, LLC Can Do For You

At Holman Schiavone Law, LLC, we are proud of our personalized approach to the attorney-client relationship. We will take the time to understand your unique circumstances so that we can explore every option and determine the right way forward. We will determine what a good settlement looks like in your case and how to protect your rights and interests, whether that involves negotiating a settlement or representing you in court.

Every case is different, but here is an idea of what you can expect when you contact our employment law firm:

Free Consultation

We offer a free consultation to all Missouri employees at no obligation. We believe that everyone has a right to information about their employment rights, no matter their financial situation. In your free consultation, we will consider your case and offer guidance regarding your next steps.

Collect Evidence

Once you agree to representation, we will get to work quickly to gather all evidence related to your cases, such as emails, contracts, and time sheets. These documents will help your employment law lawyer to understand your case.

Investigate Your Claim

Once we have a foundation for your claim, we will begin to investigate. Investigations involve collecting additional evidence to ensure that you have a strong case. We may look at employment records, workplace data, and any history of claims brought against your employer. Your attorney may also speak to witnesses and gather statements.


Your Missouri employment law attorney will first work to negotiate a just resolution outside of the courtroom. A resolution could include changes to workplace practices as well as compensation.


If your employer refuses to accept a fair resolution, then your employment law attorney will be prepared to fight for you in front of a Judge. At Holman Schiavone Law, LLC, we are always prepared to fight for our clients in front of a Judge when negotiations break down, no matter the size of your employer.

How Holman Schiavone Law, LLC Can Help You

Should you encounter employment law challenges, Holman Schiavone Law, LLC is ready to assist you. With a focus on employment law and personal injury cases, we offer a range of legal services designed to protect and preserve the rights of individuals.

Personalized Legal Services

Holman Schiavone Law, LLC is dedicated to delivering customized legal services tailored to each client’s distinct needs and circumstances. We work closely with clients to understand their situations, analyze their cases, and determine the most suitable course of action. Whether you need help understanding your rights, navigating the legal process, or seeking redress for employment law violations, we can provide the guidance and support you need.

In addition to providing personalized legal advice, Holman Schiavone Law, LLC has employment lawyers who also offer document review services for employment-related documents. By reviewing contracts and other relevant documents, we can help clients avoid potential future legal complications and ensure that their rights are fully protected.

At Holman Schiavone Law, LLC, we will make sure that you have followed appropriate internal remedies and decide whether it is appropriate to take legal action. We are committed to empowering people with knowledge of their rights so that they know when they are violated and what they can do about it.

Our attorneys are highly skilled negotiators and litigators in both federal and state courts. We understand business law and language and can guide you through all employment law matters involving preparing and reviewing contracts and agreements, holding your employer accountable for discrimination, and seeking compensation for a personal injury at work.

State and federal labor laws exist to protect you, and if your employer has violated their laws, then it is time to take action.

Proven Track Record in Employment Litigation

With a proven success record in employment litigation, Holman Schiavone Law, LLC consistently achieves positive results for our clients. Our considerable experience in handling employment litigation cases, combined with our proficiency in both litigation and negotiation procedures, makes us an excellent choice for individuals seeking legal representation in employment disputes.

Holman Schiavone Law, LLC has successfully handled a significant number of employment litigation cases. We are committed to fighting for our clients’ rights and using our experience to achieve positive outcomes for each case.

Employment Law Solutions

In every case our employment law firm handles, our employment lawyer in Kansas City, MO fights for workers against employers who engage in unfair, discriminatory, or harassing behavior. We handle a wide range of employment law matters, including:

Our team will take the time to understand your situation thoroughly. Our Kansas City employment attorney will use that understanding to explore every possible legal option to protect you. Our strategy will be carefully designed to get positive results for you, whether that means going to court or negotiating a settlement on your behalf.

We can carefully review your employment-related documents, such as:

  • Employment contracts: An employment contract typically includes provisions regarding the duties of the employee, the terms of employment, and compensation. The contract may also include restrictive covenants, such as non-compete clauses, that limit the employee’s ability to work for a competitor after leaving the company.
  • Benefits contracts: A benefits contract is an agreement between an employer and an employee in which the employer agrees to provide certain benefits to the employee in exchange for services rendered. The benefits may include health insurance, life insurance, disability insurance, and retirement savings plans.
  • Severance agreements: Severance agreements may be offered to employees who are being laid off, fired, or who are resigning from their positions. The terms of the agreement are negotiable, and it is important to consult with an employment lawyer in Kansas City before signing anything.
  • Non-compete agreements: A non-compete agreement is a contract between an employer and an employee in which the employee agrees not to compete with the employer during or after the term of employment. Non-compete agreements are typically used to protect an employer’s business interests, such as trade secrets, customer relationships, and goodwill. 
  • Confidentiality agreements: A confidentiality agreement (also called a nondisclosure agreement or NDA) is a legally binding contract in which a person or business agrees to not disclose information deemed confidential. Information covered by a confidentiality agreement may include but is not limited to, proprietary information, trade secrets, and sensitive personal information.

The time you invest in making sure you understand every aspect of your employment can save you a good deal of trouble later. By discussing your options with one of our employment attorneys in Kansas City, you can clarify all of your rights and responsibilities.

Contact Us

Understanding Missouri employment law and knowing your rights as an employee are crucial steps toward ensuring fair treatment in the workplace. By seeking legal counsel from experienced Missouri employment law attorneys like those at Holman Schiavone Law, LLC, you can navigate the complexities of employment law, protect your rights, and seek justice for any violations you’ve experienced.

Employment issues must be treated with care and dedication. Therefore, it is important to seek help from an experienced employment law attorney who can explore all of your options.

At Holman Schiavone Law, LLC, our Missouri employment law lawyers are prepared to help you with any employment issues you might be facing, from crafting a contract to dealing with discrimination and employment law violations.

Remember, you are not alone in this fight – there are professionals ready and willing to stand by your side and advocate for you. We have a stellar reputation for being fierce advocates, and we will protect your rights at every stage. Call us at 816-320-6108 or email our team to schedule a free consultation today.

Frequently Asked Questions

Is Missouri a no-fault state for employment?

No, Missouri does not have no-fault employment laws but follows the at-will statute allowing employers to terminate employees without cause as long as it’s not for an unlawful reason.

Can you sue for wrongful termination in Missouri?

Yes, in Missouri, you can sue for wrongful termination under certain circumstances, such as if the termination violates state or federal anti-discrimination laws or breaches an employment contract. It is advisable to consult with a legal professional to assess the specifics of your situation.

What are the prevalent forms of employment discrimination in the state of Missouri?

In Missouri, prevalent forms of employment discrimination include discrimination based on race, color, religion, national origin, ancestry, sex, and disability. These forms of discrimination are prohibited by law.

What are my rights when whistleblowing?

Whistleblowing is complicated and not something you should do without legal advice. In basic terms, you do have a right not to suffer retaliation after disclosing information that you believe to be in the public interest.

Can I be made redundant if I am pregnant?

Yes, you can be made redundant while pregnant, as long as your pregnancy is not the reason for the redundancy. Your employer must still follow the usual rules for redundancy, and if they fail to do so, then you may have a claim for unfair dismissal. It can be difficult to prove that the redundancy occurred as a result of your pregnancy, but an attorney can help you determine whether you could have a claim.

Can I be paid less than minimum wage in Missouri?

Missouris’s minimum wage is $11.15 per hour. However, some people are exempt from minimum wage, including tipped employees and some student workers.

How can an employment law attorney help me?

An employment law attorney can offer essential guidance and representation to protect your rights and seek justice in employment-related matters. They can assist you in understanding your rights and pursuing legal action for any violations.

How can I initiate legal counsel with Holman Schiavone Law, LLC?

To initiate legal counsel with Holman Schiavone Law, LLC, you can arrange a complimentary consultation with a seasoned Missouri employment law attorney to address your inquiries and evaluate potential claims.