Probationary Period Rules in Missouri: Can You Be Fired?

Federal law provides no special probationary period protections. Instead, federal law prohibits discrimination and retaliation during all stages of employment, including probation. Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e) prohibits termination based on race, color, religion, sex, or national origin, and applies to employers with 15 or more employees. The Age Discrimination in Employment Act (29 U.S.C. § 623) protects workers age 40 and older from age-based termination at employers with 20 or more employees.

The Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) requires employers to provide reasonable accommodations to qualified individuals with disabilities, even during probation. The Genetic Information Nondiscrimination Act (42 U.S.C. § 2000ff) prohibits termination based on genetic information. Federal law also protects employees who engage in protected conduct: the National Labor Relations Act (29 U.S.C. § 151 et seq.) protects union organizing and concerted activity, and the Occupational Safety and Health Act (29 U.S.C. § 660) protects employees reporting safety violations.

The Equal Employment Opportunity Commission (EEOC) enforces these laws. No federal statute imposes a mandatory probationary period or requires employers to complete probation before termination. Probationary employees are subject to at-will employment unless a contract explicitly modifies that status.

Missouri Revised Statutes § 290.140 establishes at-will employment as the default rule in Missouri: either the employer or employee may terminate employment at any time for any reason or no reason, absent a contract stating otherwise. This at-will standard applies to probationary employees with equal force as permanent employees—probationary status provides no extra at-will protection.

However, Missouri's anti-discrimination statute, Missouri Revised Statutes § 213.010, applies to all employment stages, including probation. Employers cannot terminate probationary employees based on race, color, religion, sex, national origin, ancestry, disability, or age (40 and older). Additionally, Missouri Revised Statutes § 287.120 protects employees who report workers' compensation claims or refuse unsafe work from retaliation.

Missouri differs from federal law in that the state does not require a minimum employee threshold for discrimination protections. Missouri's anti-discrimination law covers employers with any number of employees, whereas federal Title VII applies only to employers with 15 or more. Missouri case law recognizes implied employment contracts that override at-will status. If an employer makes an explicit promise about probation terms—such as committing to a 90-day probationary period after which the employee becomes permanent unless for cause—a court may enforce that promise and require just cause for termination afterward.

Missouri does not recognize public policy exceptions to at-will employment in all contexts as broadly as some states. However, retaliation for reporting safety violations (workers' compensation claims) and participation in statutory jury duty, voting, or military service are protected. Remedies under Missouri § 213.010 include back pay, front pay, compensatory damages for emotional distress, punitive damages if the employer acted with malice, and attorney's fees.

At-will employment in Missouri does not apply when terminated for exercising a protected legal right or when a contract explicitly modifies at-will status. An employer cannot terminate a probationary employee for refusing to commit an illegal act, reporting safety violations (workers' compensation immunity under § 287.120), or jury duty, voting, or military service. However, Missouri courts do not recognize a broad public policy exception to at-will employment outside these narrow categories; an employer may generally terminate an employee for poor performance, personality conflicts, or business reasons even if harsh or unfair.

Discrimination-based termination is prohibited even during probation, but the employer can still terminate for legitimate non-discriminatory reasons. An employer may terminate a probationary employee for documented performance failures, failure to meet probation standards clearly communicated at hire, violation of company policy, or inability to perform essential job functions—provided the real reason is not a protected characteristic or activity.

Implied contract exceptions exist if an employer made specific promises about probation. For example, if an employee was hired with an explicit statement that probation lasts 90 days and termination after 90 days requires just cause, a court may find an implied contract binding the employer to that promise. However, vague statements like "we hope to have you long-term" do not create binding contracts. Collective bargaining agreements override at-will status when present; unionized employees are protected by negotiated grievance and just-cause provisions.

Employees do not lose at-will status simply by completing a probation period. Both employer and employee retain the right to terminate at any time unless a written contract, collective bargaining agreement, or implied contract states otherwise. Probation is not a legal status under Missouri law but rather an employer practice.

Step 1: Document Everything. From day one, create a private file with copies of performance feedback, emails, attendance records, and dates of any concerning comments by managers. If you experienced discriminatory language, note the exact words, who said them, the date, time, and any witnesses. Keep copies of your job description, offer letter, and any promised probation terms. Save performance reviews or evaluations if provided. This documentation is critical because it proves you were terminated for a protected reason, not probation failure.

Step 2: Attempt Internal Complaint. Before filing externally, report the termination or suspected discrimination to your employer's human resources department in writing (email is acceptable). State specifically why you believe the termination was unlawful—for example, "I was fired after reporting a safety hazard, which violates Missouri retaliation law" or "I was terminated based on race despite equivalent or better performance than non-minority probationary employees." Request a written response. Many employers self-correct at this stage, and documentation of your internal complaint strengthens a later legal claim by showing the employer had notice of the problem.

Step 3: File an Administrative Charge. You have two options in Missouri: (1) File with the Missouri Commission on Human Rights (MCHR) at https://labor.mo.gov/DLR/Civil-Rights or call (573) 526-4800. You have 180 days from the date of termination to file. (2) File with the EEOC (federal agency) at https://www.eeoc.gov/filing-charge-discrimination or visit a local EEOC office. The EEOC has jurisdiction over federal laws (Title VII, ADEA, ADA, GINA). In Missouri, charges to MCHR trigger dual-filing with the EEOC as well. The filing is free. Provide your name, address, phone number, employer name and address, date of termination, and a detailed description of what happened, including dates and any discriminatory statements. Attach copies of documents proving the violation.

Step 4: Investigation and Conciliation. After filing, the MCHR or EEOC will investigate within 60 to 180 days. They will interview you, request documents from the employer, and ask the employer to respond to your allegations. You may be asked to provide additional evidence or clarify details. If the agency finds reasonable cause that discrimination occurred, it will attempt to conciliate (negotiate a settlement) between you and the employer. This process is free and confidential. Many cases settle during conciliation with back pay, severance, a neutral reference, or a re-hire offer. If conciliation fails, the agency will issue a right-to-sue letter, giving you 90 days to file a civil lawsuit in Missouri state court or federal court.

Step 5: Consult an Attorney. Contact an employment attorney specializing in discrimination law if: (1) the employer denies your claim and conciliation fails, (2) damages exceed $10,000 or involve severe emotional distress, (3) you need representation during the investigation, or (4) the employer retaliates after you file a charge. Many employment attorneys work on contingency, meaning you pay nothing unless you win or settle. An attorney can file the civil lawsuit, pursue additional damages (including punitive damages), and negotiate on your behalf. Search for an attorney through the Missouri Bar Association's lawyer referral service (https://www.mobar.org) or contact the St. Louis or Kansas City bar associations.