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Questions Answered by Ronald J. Eisenberg
1 Answer | Asked in Civil Litigation for Missouri on
Q: Suing a Scammer

I was asking my scammer lives in the us but lives in another state but can u sue a scammer I've been told by a another attorney that it would have to be civil lawsuit. it happened in august of 2018 and they said the statue has likely ran out in the state of Missouri. they said missouri has... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Sep 18, 2022

The statute of limitations would depend upon the cause of action, i.e., type of legal claim. If you wish to sue for fraud and if Missouri law governs, the you've got 5 years under Mo. Rev. Stat. 516.120(1), with the possibility for it to be extended dependin upon when the fraud was discovered.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I purchased a house in MO, after moving in I found out that the inspector didn't do his job, who should pay for repairs?

House was fully remodeled not up to the code.

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Sep 18, 2022

The issue of whether you should pay to repair your home is different from whether you might be able to pursue a claim agains the seller or home inspector. I assume you are referring to an inspector whom you hired. Home inspection contracts are generally terribly one-sided in favor of the... Read more »

2 Answers | Asked in Employment Law for Missouri on
Q: can a warehouse make you wear a ponytail if you don't work around or pass thru any machinary
Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Sep 18, 2022

Unless the employer is discriminating against a work based upon the worker's being in a protected class, yes. It's no different than the employer mandating the an employee wear orange shoes with polka dots--odd and perhaps not rational--but not unlawful.

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1 Answer | Asked in Employment Law and Employment Discrimination for Missouri on
Q: a new hire is doing the same job as me but without experience is making $10,000 more than me, what can i do?

I have 20 years experience, the new hire has none. I have to train this person as well.

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Sep 1, 2022

You can ask for a raise. You can also look for a different employer becasue you probably have skills that merit a higher salary.

1 Answer | Asked in Identity Theft and Employment Law for Missouri on
Q: Can a company require you to wear a credit card as a company ID badge?

It's a corporate card with access to both company and my personal funds. It has a picture but is not microchipped. This is the company ID as well. They require it to be worn visible on site. I'm getting ready to pay a year's worth of taxes so that's a pretty good amount of money on the card.

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Aug 29, 2022

Your employer's practice strikes me as odd, but Missouri is an employment at will state and in general an employer is not prohibited from enacting odd workplace rules and terminating employment if an employee won't abide.

If you haven't done so, I suggest you voice your...
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1 Answer | Asked in Business Law, Consumer Law and Contracts for Missouri on
Q: I ordered a boat in Missouri and got an INITIAL Purchase Agreement. I was told that this IPA would get the boat building

process started and if I didn't want the boat once it was built, they would sell it at their dealership. I electronically signed the paperwork but they did not. About a month later I received a Final purchase agreement from the bus. manager and it was for $9,000 less. I liked that price so I... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Aug 19, 2022

They are withholding the title, so the answer to your question of whether they can hold the title is "yes." The better question is whether you would be in strong legal position if you were to sue. Any attorney would need to review your contract and be hired in order to give you sound... Read more »

2 Answers | Asked in Landlord - Tenant and Personal Injury for Missouri on
Q: My girlfriend was assaulted by another tenant at our apartment building. What legal action can we take?

The lady that assaulted her was arrested. I more want to know what legal action we can take against our landlord if he doesn't evict her.

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Aug 17, 2022

Your girlfriend can make a police report. She can also contact property management. And if your girlfriend has the financial means to hire and attorney and if she suffered significant injury (I hope not) and if the assualter has money, your girlfriend could hire an attorney to file a lawsuit.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: Missouri: One year home lease ending 7/15/22.

If tenant moves out early and buys out remaining lease from 6/1/22 (move out date) through 7/15/22 (lease term expiration date), and landlord rents the house to another tenant beginning 6/15/22, shouldn't the original tenant be entitled to a refund of rents paid from 6/15/22 through 7/15/22?

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Aug 17, 2022

Probably not, but the lease terms control. In general, absent a buy-out clause, a tenant who vacates early is responsible for all rent remaining on the lease. If the landlord subsequently rents the premises, the tenant should likely get credit. That's different from a buy-out clause.

1 Answer | Asked in Libel & Slander for Missouri on
Q: If I accuse someone of a crime and the statue of limitations has expired, can I lose a defamation lawsuit?

I have all the evidence to each of the elements of the crime. Thus showing crime WAS committed, just not charged or prosecuted.

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Aug 11, 2022

I doubt you’d lose because the SOL has run, unless you falsely state that the person has been convicted. There are any number of reasons you could lose a defamation suit, however. Litigation is unpredictable.

1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for Missouri on
Q: Do I have a case for unlawful termination and can I sue ?

I was allowed to start working at a nursing home before the pre employment background check was conducted.2 months later, I was terminated because the background check showed an arrest for kidnapping and burglary, to which I am not guilty of,but no conviction. The case is still pending in court and... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Aug 8, 2022

Missouri is an employment-at-will state. With limited exceptions, an employer may terminate an employee at will and doesn’t need to be fair.

1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Can I beat a non compete agreement, and is it harrasment if they get me fired from a new job and lie to unemployment?

I worked for an old-time photo studio in Branson, Mo. I was fired for going on family vacation, after I gave a 3-month notice. Two weeks before time to go I was told if I went, I would not have a job when I returned home. I had already payed for the house and pre-paid tickets costing over $2000.... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Aug 8, 2022

You should hire an attorney to review the non-competition agreement and provide you with his or her opinion of its enforceability. I have no opinion on whether it is enforceable, but the answer to your question, if you are asking how the new company could terminate your employment, lies with the... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Contracts for Missouri on
Q: water entered house at entire foundation, ruining the finished basement.Is the builder at fault?

home is 3 year old display in Frontenac, purchased one year ago from builder.

Whole subdivision was built, including grading and drainage. Frontenac has

yet to sign off on completion.

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Aug 8, 2022

You need to have an attorney review the contract and learn the relevant facts in order to get meaningful advise, as well as to understand your options. There is no specific statute in Missouri that stays a builder is automatically liable any time water enters the basement of a 3-year old house.... Read more »

2 Answers | Asked in Animal / Dog Law and Personal Injury for Missouri on
Q: My dog bit someone it states on the served paper "I was corralling the dog" is that proof my dogs were provoked. Missour

Does does that constitute the dog defending itself or is that a vicious bite I'm in the state of Missouri and I'm being sued because my dog bit someone who was grabbing it and picked it up while chasing it

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Aug 8, 2022

I suggest you contact your homeowner's insurance company to see if it my provide coverage and counsel. Otherwise, hire your own attorney if you can afford one. I know that you want someone to tell you that the case lacks merit, but no cautious attorney is going to tell you that. Litigation... Read more »

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1 Answer | Asked in Civil Litigation and Small Claims for Missouri on
Q: My ex mother-in-law is threatening to sue me, can she do this?

I said to her I would give her this amount of money which is coming from an inheritance I was given. I decided not to give it to her. Now she is threatening to take it to court, and to pay her a lot more than what she asked for.

Now, I did use her car for many years and usually paid her.... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Aug 3, 2022

She can sue you if she pays the filing fee. Whether she will prevails depends upon many factors. As the plaintiff she will be the burden of proof. She'll need to establish the essential elements of her claim. For example, in a suit for breach of contact she'd need to show that there... Read more »

1 Answer | Asked in Contracts for Missouri on
Q: In state of Missouri, can you verbally cancel a written contract with a purchase of vacation club resort?

Contract was signed and less than 24 hours was verbally cancelled with rep for vacation club resort.

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Aug 2, 2022

Read the contract to see what you need to do to cancel. It's generally best to do important legal things in writing.

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Is 80 plus degrees considered livable for an apartment?

700 sq ft Apartment in Jefferson County, we have the AC running 24/7 and it is still over 80 degrees inside, and we pay almost $300 for electric. Seems absurd, maintenance has looked at ac twice and says its fine, it does pump out cold air but mainly sits in the cavity in the ceiling. Wondering if... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Aug 2, 2022

That's awfully hot and very hight for the electric bill. The lease probably makes you responsible for the bill.

If you just move out you'll probably get sued and it will show up on Casenet regardless of the outcome. A better option, if you can afford it, is to hire an attorney to...
Read more »

2 Answers | Asked in Real Estate Law and Business Law for Missouri on
Q: Can you recommend an attorney in the state of Missouri who can help with processing claims for recovery of overages

We mainly work with helping claimants to recover overages from a tax lien sale and in MO it requires an attorney to file a petition with the courts.

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jul 20, 2022

Overage of what?

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1 Answer | Asked in Employment Law and Banking for Missouri on
Q: Can a bank fire me for forgetting my password

I could not remember my login password at my bank job and I was terminated

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jul 18, 2022

Missouri is an employment-at will state. As such, an employer may fire an employee for such a reason or even for no reason.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: We signed a contract to sell our home with a local realtor in early May of this year.

Upon reading the contract more closely today we noticed that the date of expiration for the contract was listed as May 2022. It should have read May 2023

Can we legally declare the contract to be null and void?

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jul 12, 2022

The issue is whether there was a mutual mistake. You can research Missouri law on it. Ideally, you and your broker can come to an understanding. Otherwise, you might purchase through someone else and then find yourself named as a defendant in a costly lawsuit.

1 Answer | Asked in Consumer Law, Contracts and Energy, Oil and Gas for Missouri on
Q: Who would I need to contact to resolve this issue?

We had bought our solar system from Green Solar Technologies out of California. They had subtracted our system out to 4 different installers from 2019 until today. They have failed to pay the contractors enough to complete the job and my system is still not set up correctly to this date. I want to... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jul 11, 2022

The first step is to contact a Missouri attorney to review the contract. The contract may have a forum-selection clause (which specifies where any lawsuit must be file) or an arbitration provision (which would prohibit suing in court). The attorney would also explain to you the potential remedies.... Read more »

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