Can I sue for wrongful termination in Missouri?
1. At-Will Default
Missouri follows at-will employment.
2. Public Policy Exception
Fleshner v. Pepose Vision Institute, 304 S.W.3d 81 (Mo. 2010), recognized a public-policy wrongful-discharge tort for: (1) refusing to violate law, (2) reporting violations to authorities, (3) exercising statutory right or privilege, (4) performing public duty.
3. Implied Contract
Largely rejected; handbook disclaimers control (Johnson v. McDonnell Douglas Corp., 745 S.W.2d 661 (Mo. 1988)).
4. Implied Covenant of Good Faith
Not recognized in at-will employment.
5. Statutory Discrimination Claims
Missouri Human Rights Act (MHRA), Mo. Rev. Stat. § 213.010 et seq. SB 43 (2017) raised the causation standard to "motivating factor" (Bram v. AT&T Mobility) and capped damages similar to Title VII. Missouri Commission on Human Rights (MCHR) enforces; charge within 180 days. EEOC within 300 days.
6. Retaliation Statutes
Mo. Rev. Stat. § 287.780 — workers' comp retaliation (requires showing the WC filing was the motivating factor; standard tightened by SB 66 in 2017). § 105.055 — public employee whistleblower. § 213.070 — MHRA retaliation. § 285.575 — Whistleblower Protection Act (2017) — codified previously common-law claims.
7. WARN Act
No Missouri mini-WARN. Federal WARN applies.
8. Damages
Public-policy tort: back pay, compensatory, punitive. MHRA: back pay, front pay, compensatory, punitive (capped $50k–$500k by employer size per SB 43). § 287.780: back pay, reinstatement, punitive available.
9. Statute of Limitations
Public-policy tort: 5 years (Mo. Rev. Stat. § 516.120); MHRA: 180 days to MCHR + 90-day right to sue; WC retaliation: 5 years; written contract: 10 years.
This is legal information, not legal advice.
- You were fired after reporting illegal conduct to authorities (Fleshner/§ 285.575)
- You filed a workers' compensation claim and were terminated within months
- You faced discrimination under MHRA, especially given the heightened 2017 standards
- Mo. Rev. Stat. § 213.010 (MHRA)
- Mo. Rev. Stat. § 285.575 (Whistleblower Act)
- Mo. Rev. Stat. § 287.780 (WC retaliation)
- Fleshner v. Pepose Vision, 304 S.W.3d 81 (Mo. 2010)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.