Whether you work for a small business or a large corporation with hundreds or thousands of employees, we understand that speaking up for your rights can be an intimidating prospect. After all, your livelihood is on the line. Many employees fear retribution, either in the form of harassment or in the form of job termination, salary cut, or demotion. Furthermore, your place of employment may have created a hostile environment for minorities, women, or people of various ethnic or religious belief, and standing up for your employment rights may put you at odds with your fellow employees or even place you in potential physical harm from your employer and coworkers. Because employee rights are rarely fully understood by employers, let alone employees, we encourage you to call an employment attorney today for a consultation. The HKM Employment Law Attorneys are here to answer your questions and help you find a solution to your specific employment problems, be they discrimination, harassment, or denial of your wages or FMLA rights.
Does Your Employer Know Their Responsibilities and Obligations?
Many Missouri employers are negligent in upholding their duties to their employees. However, whether they are purposefully carrying out unlawful acts or simply ignorant of Missouri’s ever-changing laws, they must be held accountable for their damaging actions. Under the Missouri Human Rights Act, it is illegal for employers to discriminate in the following forms when it is based on a protected trait of an employee, including race, religion, color, national origin, ancestry, sex, age, and disability:
- Hiring/firing;
- Recruitment;
- Job advertising;
- Compensation, job assignment and classification, and fringe benefits
- Testing;
- Pay;
- Layoff, recall, or transfers;
- Disability leave and retirement plans;
- Job training and apprenticeships;
- Use of company equipment; and
- Terms and conditions of employment.
Harassment, Retaliation, and Unlawful Questions During Hiring
Employers are also prohibited from harassing employees because of a protected trait, as well as retaliating against an employer for filing a complaint of discrimination. Employers are also strictly prohibited from asking certain questions during hiring or after regarding the following:
- Where you were born?
- What religion do you practice?
- How old are you or what is your date of birth? (asking if you are over 18 is okay);
- How long until you retire?
- Is this your maiden name?
- Are you planning on having children or do you have childcare available for short notice overnight stays?
- What disabilities do you have or have you had any recent illnesses or past operations?
- What medications do you take? And
- You need to take a medical examination before we hire you.
Family and Medical Leave Act and Wages
The Family and Medical Leave Act (FMLA) provides certain rights to employees regarding healthcare and unpaid time off during the event of a family medical emergency or birth of a child. If your employer has trampled upon these rights, your attorney will help you amend the situation. Similarly, if your employer has denied pay or paid time off, you can file a wage claim to get what your hard work earned.
Call to Schedule an Employee Counseling Attorney Today
Employment law is an ever-changing landscape, and it is not uncommon for your employer to either knowingly or unknowingly violate the law. If you believe that your employer has acted improperly in any way, we can help you determine whether you have a case, and how we can help. Call a St. Louis HKM Employment Attorney today.
