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Out-of-state employees not guaranteed protection under MHRA

March 2020 employment law letter
Authors: 
Kathyrn Bascom, Armstrong Teasdale LLP

Many Missouri employers conduct business in multiple states. What happens when a company is based in Missouri, but its employees work out-of-state? Do they have an absolute right to sue for alleged violations of the Missouri Human Rights Act (MHRA)? Read on to learn more.

Facts

An Illinois resident was employed for several decades by an auto company that owns and operates locations in Missouri and Illinois. During the latter part of his employment, he worked as a store manager at two different Illinois stores.

Beginning in 2015, the employee alleged he was subjected to discriminatory treatment based, in part, on his age. The director of retail operations allegedly told him he would never receive another raise from the company. He also claimed several illegitimate expenses were transferred to the Illinois store, distorting its profit numbers and affecting his performance.

In 2016, the employee was transferred to a different Illinois store. As a part of his transfer, he was required to sign a document stating he could be terminated if the store he managed didn't improve its performance. He claimed younger store managers didn't have to sign similar documents. Later, the company's regional manager allegedly told him he needed to look for another job after reviewing the 2016 profit-and-loss statement for the store he managed. As a result of these alleged actions by the company, he resigned and claimed constructive discharge.

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