Legal Question in Employment Law in Missouri

Hi. I am sorry to hear about the uncomfortable situation your employer has apparently put you in. I am a Missouri attorney that focuses primarily on civil, personal injury claims, as well as employment issues.

Generally speaking, employment in Missouri, unless you are under some type of contract, is "at-will". This situation gives employers a relatively large amount of freedom in terminating an employee. In a sense, there is only a small handful of reasons that would be considered illegal, or impermissible, reasons for laying someone off or terminating them, and, since an employer is not required to give any reason at all for terminating someone, it can be difficult at times to prove that an impermissible reason was the basis for a termination.

Your supervisor, however, is walking on thin ice and, frankly, is somewhat jeopardizing the reputation of the company by even suggesting that your medical issue alone could be reason for you to find another position.

The extent of the harassment by your supervisor or any other co-workers is crucial here, and that includes the types of comments, the frequency of the comments, and any other derogatory acts that accompany the comments.

There are actually three types of potential legal issues that can arise in this type of situation. If you can establish that your supervisor's comments are degrading and derogatory, that they would be degrading to a reasonable person, and that you have suffered anxiety, increased anxiety, or physical symptoms, as a result, you may have a hostile work environment claim.

Secondly, if you are ultimately terminated based on your medical condition, and you can establish that the condition itself, and not any effects of the conditon, is the basis for termination, there could potentially be a wrongful discharge claim.

Finally, you may already have the elements for some type of infliction of emotional distress claim. This claim arises if, as a result of highly offensive or derogatory words or actions, you are caused to suffer anxiety and emotional distress. Generally speaking, you must have some physical effects that result from the anxiety. It appears that you are experiencing physical effects to some degree. This is how damages can be established in this type of claim.

A few additional details are necessary. The frequency of the comments made by your supervisor, and the types of comments made, specifically, are very important. Also, have you suffered any physical effects due to anxiety that have required medical treatment, or any medical expenses? You also need to determine whether the supervisor's comments are personal and derogatory, or whether they are directed at specific job duties. For your convenience, you can reach me by e-mail at [email protected]. Thanks.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not establish an attorney-client relationship or privilege between the user and the attorney responding.