Legal Question in Employment Law in Missouri

I moved to another position in my current company with the understanding that even though the new position was a lower level I would retain my status as being bonus elligible. However after a couple of months the company decided that I am no longer bonus elligible. Nothing was in writing concerning the transfer of jobs or the compensation. Do I have any recourse other than finding another job.


Asked on 6/21/11, 1:14 pm

1 Answer from Attorneys

Jonathan D. McDowell McDowell & McDowell, LLC

It depends. If you can define yourself into a protected class of people (minority, female, disabled, elderly) you may be able to assert discrimination claim. An employer cannot adversely change your employment status (including compensation) based on race, national origin, sex, or disability. If you can slide in under a protected class, you could assert damages in the form of back-pay, front-pay, unlimited punitive damages, and attorneys fees and costs under the Missouri Human Rights Act.

Beyond a discrimination claim, Missouri employers can terminate employment for arbitrary and capricious (which means almost ANY) reason. If you cannot find yourself in a protected class, you would probably have to sue under a contractual theory of breach of oral agreement. And if your bonus would have been over $500.00, you could assert that the company breached the statute of frauds.

This remedy is not a quick fix and would require hiring an attorney.

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Answered on 6/27/11, 2:23 pm


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