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Wrongful Termination

St. Louis Wrongful Termination Attorneys

At Sedey Harper Westhoff, we understand that losing your job can be devastating, especially when it happens unfairly or unlawfully. If you believe you were wrongfully terminated, the first question is whether the firing violated a law, an enforceable agreement, or a recognized public policy. Our experienced St. Louis wrongful termination attorneys can review your situation during a free initial consultation and explain the options that may apply.

Call (314) 819-0963 or contact us online today to schedule a free initial consultation with our wrongful termination attorneys in St. Louis.

Fired Unfairly? Find Out Whether Your Termination Was Unlawful

Wrongful termination occurs when an employer fires or lays off an employee in violation of federal or state laws, employment contracts, or public policies. Missouri generally follows at-will employment, which means employers may terminate employment for many lawful reasons. However, an employer can’t terminate an employee for a reason prohibited by law, an enforceable agreement, or a recognized public-policy exception.

Common examples of wrongful termination include:

  • Being fired due to your race, gender, religion, age, national origin, disability, or other protected class.
  • Retaliation for reporting workplace harassment or discrimination, opposing unlawful conduct, or participating in an investigation.
  • Termination for exercising legal rights, such as taking qualifying family or medical leave under the Family and Medical Leave Act.
  • Being fired after filing or pursuing a workers’ compensation claim.
  • Being fired for refusing to participate in illegal activities or for whistleblowing when applicable legal protections apply.

Missouri & Federal Wrongful Termination Laws

Missouri employees may be protected by a combination of state and federal laws that prohibit certain terminations. The law that applies depends on the reason for the discharge, the employer, the employee’s actions, and the facts of the case.

Federal laws that may apply:

  • Title VII of the Civil Rights Act of 1964: Prohibits covered employers from discrimination based on race, color, religion, sex, or national origin.
  • Americans with Disabilities Act: Protects qualified employees with disabilities from discrimination and may require reasonable accommodations when legal requirements are met.
  • Age Discrimination in Employment Act: Protects employees age 40 and older from age-based discrimination by covered employers.
  • Family and Medical Leave Act: Provides eligible employees of covered employers with job-protected leave for certain family or medical reasons.
  • Federal Retaliation & Whistleblower Protections: Certain federal laws protect employees who report or oppose unlawful conduct, but coverage depends on the statute and circumstances.

Missouri laws that may apply:

  • Missouri Human Rights Act: Prohibits employment discrimination based on race, color, religion, national origin, ancestry, sex, disability, or age (40 through 69), and prohibits retaliation connected to protected complaints or participation.
  • Workers’ Compensation Retaliation: Prohibits employers from discharging or discriminating against employees for exercising rights under Missouri’s workers’ compensation laws.
  • Missouri Whistleblower’s Protection Act: Addresses certain discharges involving reports of unlawful acts, reports of serious misconduct violating clear public policy, or refusals to carry out unlawful directives.
  • Employment Contract Claims: An employment contract, severance agreement, or other enforceable agreement may affect whether a termination violated contractual rights.
  • Public-Policy Claims: A claim may be considered when a discharge is connected to conduct Missouri law recognizes as protected by public policy.

How to Prove a Wrongful Termination Claim

Relevant evidence may show that the reason given for your termination was unlawful or a pretext for unlawful conduct. That evidence may include:

  • Employment Records: Documents such as your employment contract, performance reviews, workplace policies, personnel records, and termination letter can help establish the terms of your employment and the reasons given for your dismissal.
  • Witness Statements: Statements from coworkers or others may corroborate the events leading to your termination.
  • Communications: Emails, text messages, or other correspondence that may demonstrate discriminatory or retaliatory intent.
  • Documented Incidents: Records of complaints may establish when you reported discrimination, harassment, or illegal activities.
  • Timing and Comparable Treatment: The timing of a complaint, protected leave, or workers’ compensation activity may be relevant, along with inconsistent explanations or different treatment of comparable employees.

We examine and organize relevant evidence with you, then use it to develop a strategy based on the applicable claims. Our attorneys have litigated hundreds of employment cases involving discrimination, retaliation, whistleblowing, harassment, and workplace contract disputes.

While your case is being evaluated, preserve relevant records and don’t alter, delete, or remove confidential information in violation of workplace rules.

What to Expect During the Legal Process

The path forward depends on the potential claim, the available evidence, and whether an agency charge, negotiation, or lawsuit is appropriate. Here is what you can expect:

  1. Initial Consultation: We can evaluate your case and advise you on whether you may have a valid wrongful termination claim.
  2. Agency Charge or Complaint: If you decide to move forward, we can file a charge or complaint with the appropriate agency, such as the Equal Employment Opportunity Commission or the Missouri Commission on Human Rights, when appropriate.
  3. Negotiations: Depending on the facts, we can negotiate on your behalf regarding severance or a potential resolution.
  4. Litigation: If a settlement can’t be reached and litigation is appropriate, our experienced litigators can represent you in state or federal court.

Some discrimination claims require an administrative charge before a private lawsuit can proceed, while whistleblower, workers’ compensation, public-policy, and contract claims can follow different procedures. Agency proceedings, severance negotiation, and litigation can involve different timelines, evidence requirements, and available remedies.

Over 40 Years Representing Individuals, Not Employers or Corporations

We have more than 40 years of combined legal experience representing individuals in employment and personal injury cases. We represent individuals only, not employers, insurers, or corporations.

What sets us apart:

  • Employment Law Focus: Our attorneys handle employment matters involving discrimination, retaliation, whistleblowing, harassment, and workplace contract disputes.
  • Client-Focused Representation: We take the time to understand your unique circumstances, explain your legal options, and tailor our approach to your needs.
  • Trial-Ready Advocacy: Our attorneys prosecute cases in state and federal courts and have argued before the U.S. Supreme Court. Our employment-law record includes a $3.5 million whistleblower verdict and a $2.7 million harassment judgment.
  • Professional Recognition: U.S. News & World Report named us a Best Law Firm in Missouri in the Employment Law, Individuals category. Multiple attorneys have appeared on Lawdragon’s 500 Leading Plaintiff Employment Lawyers list, and Mary Anne Sedey and Benjamin Westhoff have been named Best Lawyers in Employment Law for the St. Louis metro area.
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About Your Employment Case
  • We advise you about whether you have a case and how strong it is.
  • We help you negotiate for severance or a better severance package.
  • We file charges for you with the Equal Employment Opportunity Commission, the Missouri Commission on Human Rights, and the Illinois Department of Human Rights.
  • We prosecute your case in state and federal court for a just result.

We Get Results!

Our clients say we are smart, hard-working, aggressive advocates, who will fight for your rights.

    "I have the utmost respect for Sedey Harper Westhoff."

    They are a unique group of smart, talented, dedicated and passionate attorneys working together to represent their clients with the highest degree of legal expertise, and to make a positive difference in the world. Their work is unparalleled.

    - Francine K.
    "The counsel that I received from Sedey Harper Westhoff during each phase of my discrimination and retaliation case was excellent."

    The professionalism and knowledge exhibited, and the personal touch my family received, was comforting during a very difficult time in my life.

    - Rickey D.
    "You don’t just get one attorney… you get an entire firm on your side. I can’t recommend them highly enough."

    Their reputation with the court system and the opposing firm / defendant spoke volumes in getting this case to a winning settlement. Most importantly, they are real people in a sea of so many attorneys.

    - Terry H.

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