Legal Question in Employment Law in Missouri

Do I have a legal case against my former employeer for what I believe was not only wrongful termination but several other incedents and false accusations?


Asked on 3/01/11, 7:11 pm

1 Answer from Attorneys

Jonathan D. McDowell McDowell & McDowell, LLC

It depends. In Missouri an employer can terminated an employee for "an arbitrary or capricious" reason. Missouri is an "at-will" state and employers can literally terminate employees for nearly any reason.

A wrongful termination suit would really only be sustainable if it can be proved that the termination was a result of some form of discrimination (racial, gender, disability, etc.). There is a four/five prong test given by the Supreme Court called the McDonnell Douglas test to determine if the termination (or any adverse employment action) is a result of, or a pretext for, discrimination.

As far as the other incidents, it depends heavily on the factual circumstances of the incidents.

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Answered on 3/07/11, 9:03 am


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