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Questions Answered by Ronald J. Eisenberg
1 Answer | Asked in Employment Discrimination for Missouri on
Q: can a company tell me to cease applying to their company?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 20, 2021

Yes. If a company doesn’t want you to apply then apply for jobs elsewhere. The job market is presently strong.

1 Answer | Asked in Employment Law for Missouri on
Q: i’m 17 and by missouri law after being terminated they have 7 days to pay me and they refused to and called the cops

they refused and called the cops to trespass me

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 9, 2021

What's your legal question?

Here's the relevant unpaid-wages statute. Contact an attorney if the amount owed is sufficient.

290.110. Payment due discharged employee — exceptions — penalty for delay. — Whenever any person, firm or corporation doing business in this...
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1 Answer | Asked in Business Law and Contracts for Missouri on
Q: Is there a lawyer i can get to look at at a contract to see if its fair. For free are will I be charge.

It a Operating Agreement want to make sure my son is making the right desion

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 9, 2021

Any lawyer with contract experience could assist. I don’t see why an attorney would perform such work for free. It shouldn’t cost you more than an hour of attorney time for a short contract.

1 Answer | Asked in Contracts for Missouri on
Q: I co signed for a vehicle for my brother. I do not have access to it and have no idea where he is. What can I do

He’s on parole and I’m afraid to provoke him

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 2, 2021

That’s a bad situation. Unfortunately, you are still liable for the payments. There’s no magic way for someone to determine the vehicle’s location.

1 Answer | Asked in Employment Law and Employment Discrimination for Missouri on
Q: I submitted a background check upon interviewing with a company. They hired me. At orientation they asked for another

I never completed the second check yet the company fired me citing the second check and their corporate partners having an issue. Shouldn’t all that have been cleared up with my first check and if so are they at risk for discriminating against me

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 2, 2021

It is unclear to me what type of unlawful discrimination you believe occurred. If you believe the discrimination was based upon your arrest record or criminal history the you might find this interesting. https://jobs.mo.gov/sites/jobs/files/criminal_background_check_dwd_12-2016_wioa.ppt... Read more »

1 Answer | Asked in Civil Litigation, Products Liability, Lemon Law and Small Claims for Missouri on
Q: In MO, purchasing / selling a used vehicle; and responsibilities for each party

PERSON A listed vehicle on Craigslist, with intent to pay off lien. Thursday, Person B purchased used vehicle with cash. Bank(LIEN) paid on Friday with said cash+. B called Sat to back out. What should happen next?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 24, 2021

With limited exceptions, under Missouri law a party to a contract cannot simply change his or her mind. Courts are there to adjudicate contract claims when parties cannot agree and someone files a lawsuit.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Missouri on
Q: I am at the end of a contract for deed but now the seller is claiming that i defaulted and is trying to evict me. She

lied about some missed payments in court papers and i have copies of the checks, will the court side with me due to her lying in documents

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 22, 2021

There’s no way someone can tell you whom the court will believe. What I can tell you is that contracts for deed generally go badly for tenants. You should hire an attorney if you can afford one. If you proceed pro se you’ll likely lose, especially if your landlord is represented by counsel.

1 Answer | Asked in Contracts for Missouri on
Q: I rent my trash is included in my rent can they start charging me for trash be for my contact is up?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 11, 2021

Your written lease terms govern.

1 Answer | Asked in Contracts and Construction Law for Missouri on
Q: If a judge grants a motion to compel discovery and the question is only partially answered, what recourse do I have?

An important part of my case is to prove the inexperience of workers. The discovery question asked for names, addresses, and phone numbers of suppliers and workers for the project. After refusal to answer, a motion to compel the answer to the question was granted. An answer was received, but... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 7, 2021

You could file a motion for sanctions for failure to comply with the judge’s order. First, contact opposing counsel and request a full answer. If necessary, consider getting the information through a deposition.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: In Missouri, what recourse do I have when the home builder is not ready for the contractual closing date?

Contact signed in December 2020 with the June 9, 2021 closing date which is plenty of time to build a 1600 sq ft home. The builder is doing several trades himself so he doesn’t have to pay subcontractors. He has drug his feet for weeks and will not be done in time for closing cause if me to loose... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 7, 2021

For most people, a real estate transaction is the largest purchase they will ever make. I encourage you to have an attorney review your contract in order to help you decide what to do. The contractual terms will be significant in planning your next steps. If would be reckless for anyone to... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Missouri on
Q: Hello, my ex boyfriend left my stranded in MS with no money food or vehicle, I knew no one there. I live in MO.

Ex begged me to stay With him in Grenada MS in a hotel for a week while he worked. I live in Mo so he picked me up and drove me The entire time I was there he was emotional and argumentative. Thursday I Made a nail appointment, I had to walk to. I started walking to the nail salon Next thing I... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 6, 2021

That’s a very sad situation. This isn’t something likely to result in litigation, however. You need to figure out if you want to remain in a relationship with someone who would do that to you.

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1 Answer | Asked in Real Estate Law for Missouri on
Q: I moved out of apartment in Oct.2018 after giving 30 day notice, my son took over the last 6 month of lease. As of 2019

he continues to live there & has signed new leases paid rent, NOW they say I'm still lease holder & trying to get to sign lease...What is my legal right..

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 31, 2021

If your lease expired or was mutually terminated early in writing, then I don't understand the basis for your former landlord's claiming that you are still a tenant. The written documents control, however. You have the right to seek to have a court enforce a lease. If you are not clear... Read more »

2 Answers | Asked in Employment Law and Workers' Compensation for Missouri on
Q: Could I sue for more money after a job I quit has yet to pay me

It has been 2 months since working there and they haven’t payed nor do they do the mangers or store answer there phone

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 31, 2021

Missouri has an unpaid-wages statute that may be of use. If you sent a proper request for your unpaid wages and are not then paid, you may sue to collect wages past due plus wages going forward up to 60 days from termination. That's an extra two months of pay. Confer with a Missouri... Read more »

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1 Answer | Asked in Criminal Law for Missouri on
Q: When I've been Harrassed in text messages can I sue for compensation and emotional distress if the person is convicted?

Is this a civil matter that a criminal lawyer can handle?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 22, 2021

Explain what you mean by harassed.

1 Answer | Asked in Divorce and Child Custody for Missouri on
Q: I actually have 2 questions, but first why would my atty.not ever allow me in the court room?

My atty. My soon to be ex's atty. My spouse and G. A. l. are all present and my atty. Doesn't even tell me that court has started! I'm left in the hall!

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 22, 2021

You should ask your attorney because your attorney knows the answer.

I’m merely guessing. Perhaps the attorney didn’t want you there because you could have been called to testify. Perhaps the hearing was. It an evidentiary hearing.

1 Answer | Asked in Personal Injury and Small Claims for Missouri on
Q: sue a hotel my vehicle was stolen. No security,lights outside not good,was not told very high crime and no signs

I have pictures of building. And cameras.dark are where my truck was stolen. I can prove negligence.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 22, 2021

If you can prove negligence then you’ve answered your own question. I’m not sure what kind of response you are seeking.

Part of proving negligence is proving a legal duty owed to you from the hotel.

1 Answer | Asked in Libel & Slander for Missouri on
Q: Is it liable for someone to knowingly falsely say that someone else is a child molester to hurt their reputation
Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 13, 2021

In Missouri, defamation claims are tough. It’s not enough to prove a false statement was made, a plaintiff must also prove actual damages.

2 Answers | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Is this considered pay discrimination and is it against the Equal Pay Act?

Two Direct Sales Representative’s (DSR’s) have the same base salary, same job code and functions – which is to sell Internet+TV+Phone+Mobile to residential homes. The employer has selected 3 out of the entire salesforce and gave them the option to continue to make $160 per TRIPLE PLAY bundle... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 7, 2021

You didn’t state whether the difference is gender-based or just an across-th-board change applicable to men and women.

This might be helpful to you.

http://www.eeoc.gov/equal-paycompensation-discrimination

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1 Answer | Asked in Contracts for Missouri on
Q: If I have already signed an offer agreement for a house, is it possible to rescind my offer before closing?

I was told by the agent to sign the offer agreement but nothing was explained to me about it, now he’s adamant about me giving the deposit. The closing is three weeks away.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 3, 2021

For most people, a house purchase is the largest financial transaction that they will ever make. You shouldn’t have signed without agreeing or understanding it. That being said, the contract terms might still give you an out. Perhaps there are contingencies. Have a local attorney review the... Read more »

2 Answers | Asked in Real Estate Law for Missouri on
Q: In Missouri is there a standard time after a real estate contract is expired that you can sell your property yourself

And not pay the realtor commission?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 25, 2021

There's no standard time. It's a contractual issue. You should read your contract. If it is unclear, consult with a local attorney.

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