Legal Question in Civil Rights Law in Missouri

My manager @ Lowes wants me to make a statement against a fellow employee,can I be fired if I don't make out a statement?


Asked on 9/22/11, 4:14 pm

1 Answer from Attorneys

Jonathan D. McDowell McDowell & McDowell, LLC

It depends on the scope of the statement. Employers can terminate employees for any reason other than discrimination or retaliation for trying to follow state and federal statutes.

For example, if the manager wants you to make a statement against the employee and that employee is attempting to file a charge with the EEOC, your termination could be a retaliatory discharge, which is against the law.

If you refuse to make the statement and then get fired, or are pressured and feel threatened, you could have an action for constructive discharge based on harassment. In this case you could quit and still receive unemployment compensation.

This will be a case heavily based on the facts. If you do not want to make the statement, keep in mind that you could very well get fired. However, you may have a claim to make against Lowe's for a number of things.

Jonathan

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Answered on 9/24/11, 1:54 pm


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