Was loading at refinery, process takes 20 to 30 minutes, was under doctors care for enlarged prostate. Had to urinate, no bathroom in immediate area. Had 4 choices, my companies policy don't push the red button to stop the process or you will be terminated. Refinery policy push the red button to stop the process or you will be terminated. Next choice urinate on myself. My last choice was to leave the loading shack go to the backside of the shack and relieve my bladder. I chose to relieve my bladder. Incident was reported by another driver, was never suspended during investigation over the next month, just could not use that refinery. I loaded out of the other local refiniries. Was told immediate supervisor wanted to keep me but owner was embarrassed so I was terminated.Missouri unemployment appeals division ruled that I should have not been fired for misconduct. Sent me 6 pages of the reasons for this ruling.
This is flagged as an Illinois situation, but you referenced Missouri. You may want to re-list your question in a category in the state in which you worked.
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It doesn't sound like you were in a union, which is usually your best way to attack this. In Missouri, if not covered by a union, or other employment contract, you are an employee at will. This means that the employer can fire you anytime, even without misconduct. Even though you won the unemployment case is not determinative on any later hearing on the merits of your termination.
Nevertheless, I would contact a local employment lawyer who can review the details of the facts of your case, and advise you on whether the employer violated your rights.
The answers and comments given are general in nature, and not legal advice as it pertains to your specific question or matter, and does not establish an attorney client relationship. We have not met in person, or spoken on the telephone, and I do not represent you. The choice of an attorney is an important decision, and I encourage you to speak with an attorney in person to review the details of your particular case. Each case will depend on its specific facts, which are not known to me at this time.
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