Legal Question in Civil Rights Law in Missouri

when i went to pick up my pay check i asked my boss about my hoiday pay that wasn't on my check she stated that i don't get it because i'm part time which is'nt true because i work 40hrs monday -friday from 7:15 am until 5 :00 pm. when i got in the car i called her and asked again saying i think i should get paid for my hoiday time the boss said i'm not going to talk about this anymore i then ask could i come and talk with her she stated" i don't have anything to say and anyways just don't come back. will that Monday morning i went to work and my pin didn't work anymore i called the and my boss co-worker told me i was standng right there when she told you and she hung up. now no one will answer thier phone.

Asked on 12/05/11, 8:55 am

1 Answer from Attorneys

Jonathan D. McDowell McDowell & McDowell, LLC
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If you're working full-time hours, the presumption is that you'll be considered a full-time employee. If you are considered a full-time employee, holiday pay is normally included in that.

Missouri employers can terminate employees for any reason except discriminatory reasons. If you are a minority, older than 40 years old, female and terminated for that (or male and terminated for that), or homosexual, you might be able to bring a discrimination suit against the employer.

If you have accrued pay at the workplace and haven't gotten paid for those hours, then the employer is violating the Fair Labor Standards Act (FLSA). These cases are VERY fact intensive and without more detail, it is hard to determine if you have proper claims. You should contact an employment attorney to help you determine that.

Hope this helps,

Jonathan

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12/05/11, 9:36 am

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