When you stand up for your rights at work, you shouldn’t have to fear losing your job or facing punishment from your employer. Unfortunately, employer retaliation remains a serious problem affecting thousands of workers across Missouri each year. Whether you’re in Kansas City, St. Joseph, or anywhere else in the state, understanding what constitutes retaliation and knowing your legal protections can make all the difference in protecting your livelihood and dignity.
If you’ve experienced workplace retaliation, you’re not alone, and you have legal options available to seek justice and compensation.
What Is Employer Retaliation?
Employer retaliation occurs when your boss or company takes negative action against you because you engaged in legally protected activities. This means your employer cannot punish you for exercising your rights or reporting wrongdoing in the workplace.
Protected activities that should never result in retaliation include:
Filing complaints about discrimination, harassment, or unsafe working conditions
Reporting illegal activities or unethical behavior (whistleblowing)
Requesting reasonable accommodations for disabilities
Taking legally protected leave under FMLA or state laws
Participating in workplace investigations
Refusing to engage in illegal activities
Common forms of retaliation include termination, demotion, pay cuts, reduced hours, hostile work environment creation, or denial of promotions. The key factor is whether the negative action was taken because of your protected activity, not the specific form the retaliation takes.
Missouri Laws Protecting Workers
The Missouri Human Rights Act (MHRA) serves as the cornerstone of anti-retaliation protection for workers throughout the state. This comprehensive law prohibits employers from retaliating against employees who oppose discriminatory practices or participate in proceedings related to discrimination complaints.
Under the MHRA, employers with six or more employees cannot retaliate against workers who:
File discrimination complaints based on race, color, religion, sex, national origin, ancestry, age, or disability
Testify or participate in investigations or proceedings
Oppose practices they reasonably believe violate the law
The Missouri Commission on Human Rights (MCHR) enforces these protections at the state level, while the Equal Employment Opportunity Commission (EEOC) handles federal violations. Recent EEOC data shows that retaliation claims consistently rank among the most frequently filed charges nationwide, highlighting the ongoing need for strong legal protections.
Missouri also provides specific whistleblower protections for employees who report violations of state or federal laws, ensuring that workers can speak up about wrongdoing without fear of losing their jobs.
Examples of Retaliation in Action
Recognizing retaliation can sometimes be challenging, especially when employers attempt to disguise their motives. Here are common scenarios that may constitute illegal retaliation:
Immediate Consequences: Getting fired, demoted, or having your hours cut shortly after filing a complaint or reporting misconduct often indicates retaliation, particularly when the timing is suspicious.
Workplace Hostility: Sudden changes in how supervisors and colleagues treat you, including increased criticism, isolation, or verbal harassment following your protected activity.
Performance Issues: Receiving negative performance reviews without justification, especially when your work quality hasn’t changed but follows a complaint or report you made.
Missed Opportunities: Being passed over for promotions, training opportunities, or favorable assignments that you previously would have received.
Schedule Manipulation: Having your work schedule changed to less desirable shifts or locations as punishment for speaking up about workplace issues.
Remember, even if your employer claims other reasons for these actions, the timing and circumstances surrounding the negative treatment can reveal retaliatory intent.
What to Do If You Suspect Retaliation
If you believe you’re experiencing workplace retaliation, taking immediate action can strengthen your case and protect your rights:
Document Everything: Keep detailed records of all incidents, including dates, times, witnesses, and any written communications. Save emails, text messages, and any other evidence that supports your claim.
Follow Company Procedures: Report the retaliation to your human resources department or through your employer’s internal complaint process, if available. This creates an official record and gives your employer an opportunity to address the situation.
File External Complaints: Contact the Missouri Commission on Human Rights or the EEOC to file a formal complaint. These agencies can investigate your claim and potentially take action against your employer.
Consult an Employment Lawyer: An experienced employment-lawyer can evaluate your situation, advise you on the best course of action, and represent your interests throughout the process. Legal representation becomes especially important when dealing with complex employment laws and aggressive employer tactics.
Acting quickly is crucial because retaliation claims have strict deadlines for filing complaints with government agencies.
Why Legal Help Matters
Navigating retaliation claims requires understanding complex federal and state employment laws, deadlines, and procedures that can overwhelm someone already dealing with workplace stress. An experienced employment-lawyer brings several critical advantages to your case:
Legal Expertise: Employment attorneys understand the nuances of Missouri retaliation law and can identify violations you might miss on your own.
Evidence Gathering: Lawyers know what evidence strengthens retaliation cases and can help you build the strongest possible claim.
Negotiation Skills: Many retaliation cases settle before trial, and having skilled legal representation can result in better settlement terms.
Court Representation: If your case goes to trial, you’ll need an attorney who can effectively present your case to a judge and jury.
Protection from Further Retaliation: Having legal representation often deters employers from engaging in additional retaliatory behavior.
Retaliation cases are time-sensitive, with specific deadlines for filing complaints and pursuing legal action. Waiting too long can result in losing your right to seek compensation and justice.
Whether your situation involves workplace discrimination that an employment-lawyer typically handles, or if you’ve suffered other types of harm requiring assistance from a wrongful-death-lawyer, dog-bite-lawyer, car-accident-lawyer, or slip-and-fall-lawyer, having experienced legal representation makes a significant difference in achieving favorable outcomes.
Take Action to Protect Your Rights
Employer retaliation violates your fundamental rights as a worker and undermines workplace fairness for everyone. You don’t have to face this challenge alone or accept unfair treatment from your employer.
If you believe you’ve experienced retaliation at work, the experienced legal team at Murphy, Kinney & Sumy, LLC is here to help. We understand Missouri employment law and have successfully represented workers throughout Kansas City, St. Joseph, and across the state in retaliation cases.
Contact us today for a free and confidential consultation. We’ll review your situation, explain your legal options, and help you determine the best path forward. Don’t let employer retaliation go unchallenged – call Murphy, Kinney & Sumy, LLC and take the first step toward protecting your rights and securing the justice you deserve.
Frequently Asked Questions
What Qualifies as Employer Retaliation Under Missouri Law?
Under Missouri law, employer retaliation occurs when your employer takes negative action against you because you engaged in protected activities such as filing discrimination complaints, reporting illegal conduct, or participating in workplace investigations. The Missouri Human Rights Act specifically prohibits retaliation for opposing discriminatory practices or participating in related proceedings.
Can I Be Fired for Reporting Harassment in Missouri?
No, Missouri law prohibits employers from firing employees for reporting harassment in good faith. Both the Missouri Human Rights Act and federal laws protect workers who report harassment, discrimination, or other workplace violations. If you’re terminated for reporting harassment, you may have grounds for a retaliation claim.
How Long Do I Have to File a Retaliation Claim in Missouri?
You typically have 180 days to file a retaliation complaint with the Missouri Commission on Human Rights, though this deadline can extend to 300 days if the EEOC also has jurisdiction. These deadlines are strict, so it’s important to consult with an employment-lawyer as soon as possible after experiencing retaliation.
What Proof Do I Need to Win a Retaliation Case?
To prove retaliation, you need evidence showing you engaged in protected activity, your employer took negative action against you, and there was a causal connection between the two. This can include documentation of complaints you filed, emails, witness statements, performance reviews, and evidence of timing between your protected activity and the employer’s negative action.
What Can I Recover in A Retaliation Lawsuit?
In a successful retaliation case, you may recover back pay, front pay, reinstatement to your position, compensatory damages for emotional distress, and attorney’s fees. In some cases, punitive damages may also be available. The specific remedies depend on the circumstances of your case and applicable laws.