Speaking out? Under the Missouri Human Rights Act (MHRA) and other state laws, it is illegal to retaliate against workers exercising legal rights. Employers cannot terminate or harass you as payback. If you fear punishment because of whistleblowing or filing for workers’ comp, know that you have strong legal protections on your side.
What constitutes retaliation?
Penalizing workers as payback for performing protected actions is illegal in Missouri. The legal definition of workplace retaliation does not just end at outright termination. Some subtle signs of unjust punishment include:
- Assigning you unfavorable or unexpected work shift changes
- Unwarranted pay cuts or unjust demotions with no basis
- Purposeful micromanagement or increased scrutiny
To prove retaliation, you must reliably prove your employer is giving you negative treatment because of the action you took. Even circumstantial evidence may matter in uncovering underlying motives.
Do timelines matter?
Employees often find that establishing a link between legally protected actions and negative treatment is difficult. Your employer may try to deny any connections when gut feelings say otherwise. But timing may work in your favor if you know the law.
Temporal proximity is a cornerstone piece of evidence used in workplace retaliation cases. A short time gap (days to a few weeks) between a protected action and adverse treatment creates a case for retaliation. On the other hand, long gaps (months to years) mean courts may require additional evidence to prove the link.
State and federal courts regard timing as a crucial element in determining unjust employer retaliation.
How does timing affect your case?
If you suspect that your employer is maliciously punishing you for your actions, take a moment to evaluate. Proximity in time is your most powerful evidence. If incidents occurred shortly after your complaint, it serves as a strong basis for retaliation.
You can file a charge with the Missouri Commission on Human Rights (MCHR), the federal Equal Employment Opportunity Commission (EEOC) or pursue a statutory whistleblower claim. With a proper legal defense, you can seek a satisfactory resolution for unjust harassment or termination.