Know your rights

   Unfortunately, Missouri is an at-will employment State, which essentially means that if the employee is not employed pursuant to a contract, the employee can be terminated for almost any reason. Unless the termination violates a federal law, state law, company policy, or an implied contract, the terminated employee is often left without much recourse.

   If you are a public safety employee, or, generally, if you work for the government, a number of protections are afforded to you under the Constitution from the at-will laws of the state. First, under the First Amendment, you cannot be terminated because of your political beliefs or membership in a particular association, including a union. Also under the First Amendment, you generally cannot be terminated for speaking in public concerning any issue of substantial public concern, including writing a letter to a newspaper.

   Also, many public sector employees are generally protected by “due process,” meaning that an employer must usually provide the employee with notice and a reason for termination, as well as an opportunity for a hearing to contest the termination, with a determination being made by an impartial third party decision maker.

   All employees are protected under federal law that prohibits employers from terminating an employee, or taking any adverse employment action, based on the employee’s race, religion, gender, disability, and age.

   Nevertheless, much of the law surrounding labor and employment issues is very specific as to the applicability to a particular situation. Concerned employees should make an appointment to discuss their particular situation with Rick to determine the possible remedies.