Addressing Common Employment Law Questions
Do I need evidence to bring an issue up with HR?
No, you do not need proof to raise a concern with HR. Employees are allowed to report issues based on their experience, even if they don’t yet have documentation. That said, keeping records—emails, messages, dates, and names—can be very helpful later. If retaliation follows your complaint, those records may become important evidence.
What counts as workplace retaliation?
Retaliation happens when an employer punishes you for asserting your legal rights. This can include firing, demotion, pay cuts, schedule changes, write-ups, or sudden negative performance reviews. Retaliation doesn’t have to be dramatic to be illegal—it just has to be connected to your protected activity. The timing of events often plays a big role in these cases.
Can you be fired without warning in Missouri?
Yes, in many situations you can be fired without warning in Missouri. Missouri is an “at-will” employment state, meaning employers can terminate employees for almost any reason—or no reason at all. However, they cannot fire you for illegal reasons like discrimination or retaliation. If the termination followed a complaint or protected activity, it’s worth getting legal advice.
Can you be fired without warning in Kansas?
Yes, Kansas is also an at-will employment state. Employers generally do not need to give notice or a reason before terminating an employee. That said, firing someone for discriminatory or retaliatory reasons is illegal. If your termination came after reporting misconduct or exercising your rights, you may have a claim.
What qualifies as wrongful termination in Missouri?
Wrongful termination occurs when an employee is fired for an illegal reason. Common examples include termination based on race, sex, age, disability, pregnancy, or religion. Being fired for reporting harassment, safety violations, or wage issues can also qualify. Even in an at-will state, employers cannot break the law.
What qualifies as wrongful termination in Kansas?
In Kansas, wrongful termination typically involves discrimination, retaliation, or violations of public policy. This can include being fired for reporting illegal conduct, refusing to participate in unlawful acts, or taking legally protected leave. Discrimination based on protected characteristics is also prohibited. Each case depends heavily on timing, documentation, and employer conduct.
How long do I have to file an employment law claim?
Employment law deadlines are strict and vary by claim type and location. Many discrimination and retaliation cases require filing with the EEOC within 180 days, though some claims allow more time. Missing a deadline can permanently bar your case. Speaking with an employment attorney early helps protect your rights.
Do I have to quit before filing an employment claim?
No, you do not have to quit your job to file an employment claim. Many employees pursue claims while still employed, especially in harassment or retaliation cases. That said, every situation is different, and staying employed can create additional stress. An attorney can help you weigh your options and protect you from retaliation.
Can my employer cut my hours after I complain?
It depends on why your hours were cut. Employers can change schedules for legitimate business reasons, but not as punishment for complaining about illegal conduct. If your hours were reduced shortly after reporting harassment, discrimination, or wage issues, that may be retaliation. Timing and documentation are key in these cases.
Can I sue my employer for emotional distress?
In some cases, yes. Emotional distress damages may be available when an employer’s conduct is especially harmful, such as in harassment or retaliation cases. These claims usually require more than everyday workplace stress. Medical records, therapy notes, or witness testimony can help support this type of claim.