Protected off-duty conduct
Employers may not refuse to hire or fire someone for lawful off-duty alcohol or tobacco use, unless it interferes with the job, with some exceptions. Source: revisor.mo.gov↗ (opens in a new tab)
Whistleblower protection
The Whistleblower's Protection Act covers employers with 6 or more employees, but not the state or its agencies and local governments. Source: revisor.mo.gov↗ (opens in a new tab)
Penalties
Back pay and related medical bills; double that as liquidated damages if the conduct was outrageous. No punitive damages. The court may award attorney fees. Source: revisor.mo.gov↗ (opens in a new tab)
The law and where to check
The law: Mo. Rev. Stat. § 285.575 (Whistleblower's Protection Act) (opens in a new tab)
The agency: Missouri Department of Labor and Industrial Relations (opens in a new tab)
What federal law says
Federal law does not set a general rule on at-will employment, but it bars firing for many reasons, including discrimination, retaliation for complaints, taking FMLA leave, military service and union activity. Source: U.S. Department of Labor↗ (opens in a new tab)
At-will employment exceptions checklist for Missouri employers
A simple order of work, based on the rules above. It is not a legal checklist.
- Say in your handbook and offer letters that employment is at will, and avoid promises of job security.
- Make sure handbook wording does not create a contract (add a clear disclaimer).
- Never fire someone for refusing to break the law, reporting wrongdoing, or using a legal right.
- Write down the real, lawful reason for each firing.
- Check federal and state anti-discrimination and leave laws before you act.
- Pay final wages on time; see our final paycheck guide for your state.
More Missouri employment law guides
- All Missouri employment laws
- Missouri final paycheck law
- Missouri paid sick leave law
- Missouri meal and rest break laws
- Missouri overtime law
- Missouri pay frequency law
- Missouri vacation and PTO payout law
- Missouri new hire reporting
At-will employment exceptions laws in other states
See every state on one page, or pick a state:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Sources
All official government sources, last checked October 19, 2026.
Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.
Last checked: . Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.