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Questions Answered by Ronald J. Eisenberg

1 Answer | Asked in Employment Law for Missouri on

Q: Is it legal to force employees to take a day of PTO for a holiday in which the business is closed?

My friend is a nurse that works for a Sisters of Mercy clinic in the state of Missouri. Every major holiday, such as Fourth of July, Thanksgiving, Christmas, etc., the clinic is closed but the nurses are forced to take a day of PTO for the "missed" day, even though the department made the choice to... Read more »

Ronald J. Eisenberg answered on Jul 19, 2019

Unless your friend is subject to a contract that her employer is breaking, it is "legal." An employer is generally not required to give any paid time off in Missouri.

1 Answer | Asked in Real Estate Law, Civil Rights, Health Care Law and Landlord - Tenant for Missouri on

Q: Floors have holes and mold everywhere and bugs landlord won't fix and taken us to court over rent we have 5 kids

Big hole in kitchen where my 23month old twins fell in to floor

Ronald J. Eisenberg answered on Jul 12, 2019

You didn't ask a question, but if you want to know what to do, the answer is to meet with an attorney knowledgeable with landlord tenant law. Most importantly, don't ignore the suit or a default judgment will likely be taken against you.

1 Answer | Asked in Civil Litigation and Contracts for Missouri on

Q: Is a copied contract admissible as evidence in the MO business records statute? Under what statute is it?

Ronald J. Eisenberg answered on Jul 11, 2019

The business records statute allows for copies.

Here's a link to the statute. https://law.justia.com/codes/missouri/2005/t33/4900000692.html

I hope it proves useful.

1 Answer | Asked in Employment Law for Missouri on

Q: I work in an office and my boss will only let us use the bathroom on our 15 minute breaks. Is that legal?

Ronald J. Eisenberg answered on Jul 10, 2019

Not a very good work environment, but yes.

1 Answer | Asked in Real Estate Law for Missouri on

Q: Hello, Is there any chance to win a settlement against undisclosed defects in St. Louis MO area?

I recently purchased a home in the St. Louis, MO area. The previous owner said no pets, no renters, and we found out both are untrue. My kids are extremely allergic to pets and once we moved in and removed the 16 air fresheners around the house, the smell of pet urine was overwhelming. We've had... Read more »

Ronald J. Eisenberg answered on Jul 8, 2019

Wow, that sounds like bad misrepresentations. You should meet with an attorney to review your sale contract and assess potential causes of action. Missouri has a strong consumer protection statute called the Merchandising Practices Act (MPA). The MPA is great in failure to disclose and... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law, Animal / Dog Law and Civil Rights for Missouri on

Q: Can an officer give you a ticket 2 weeks after the fact when he didn't address the issue the day of?

2 weeks ago my aunt called me and told me that the cop was at her house saying my dog and some other dog were wondering town and apparently bit another dog. I told my aunt there is no way it was my dog. I then asked to talk to the officer and he told me that someone needed to come get my dog... Read more »

Ronald J. Eisenberg answered on Jul 5, 2019

Yes.

1 Answer | Asked in Construction Law and Real Estate Law for Missouri on

Q: just bought a house and found a huge problem with the foundation. Hugh bulge in wall and cracked. Covered by box

House had foundation work done but didn’t notice any problems. Haven’t moved in yet what should I do. The living room wall looks like it’s gonna explode has a two inch bulge splitting the dry wall. Just closed on the house 4 days ago.

Ronald J. Eisenberg answered on Jul 3, 2019

I’m sorry to hear about your “new” house. A house is a huge purchase. You should meet with a real estate attorney promptly to review your sale contract and disclosure form and assess whether you might be able to achieve a satisfactory resolution. A relevant question is whether the seller... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Missouri on

Q: Am I being harassed at work? Am I legally in the wrong, or am I right? I need help. Facing being fired.

Recently, I doodled on a medical document and upon finding out that it was prohibited, I told the Dir. of quality control, who then told me "Its okay.It happens" later on an incident with a coworker happened where she thought I posted a Facebook status about her. She kept texting me and I did not... Read more »

Ronald J. Eisenberg answered on Jun 30, 2019

You aren’t going to want to hear this, but Missouri is an employment-at-will state. For termination purposes, it’s irrelevant whether your employer is mean or unfair. It cannot fire you on account of race, religion, national origin, etc., but can fire you over believe you did something... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on

Q: We owe back rent but have been paying rent but we got an 4 day eviction notice, the landlord won't fix the air it's hot.

The city health inspector came and said we needed to move out, the foundation is sinking the basement floods and there is mold in our sons room and my wife and i have an son who is autistic, my mom is an disabled elderly woman whom stays with us we take care of and we have an infestation of brown... Read more »

Ronald J. Eisenberg answered on Jun 30, 2019

Sorry to hear of your troubles. If you received a notice of eviction—but haven’t been sued and lost and received a notice that the sheriff is coming to return possession to the landlord—then you won’t be physically forced out by July 3. If you get served a summons, show up at court.... Read more »

1 Answer | Asked in Real Estate Law for Missouri on

Q: I had a listing under contract with a buyer/investor/broker who failed to close, and is refusing to sign the release.

We used his title company, as they were able to close quickly, they withheld information from me, that he hadn’t closed.

He showed up to signing, but wired no money. How much time is the buyer allowed to refuse to sign the mutual release? And what can the title company do in a situation... Read more »

Ronald J. Eisenberg answered on Jun 29, 2019

The title company isn’t going to do anything other than hold the money until the parties agree what to do with it or the title company could interplead it into the court.

You need to hire an attorney and decide whether to litigate.

1 Answer | Asked in Wrongful Death for Missouri on

Q: My parents was putting up an tv antana .got electricuted. Is it possible to to sue PG&e

my parents were electrocuted 40 years ago and I want to know can I sue the PG&e because where the lines were and how the pole fell onto the main power line

Ronald J. Eisenberg answered on Jun 24, 2019

It's terrible what happended to your parents but if the incident happened in Missouri you are way past the statute of limitations. A California attorney would need to advise you on the statute of limitations in California but I suspect it is far shorter than 40 years.

1 Answer | Asked in Contracts for Missouri on

Q: Can a company buy out another company and "take over their contracts"? Can contracts renew automatically without notice?

We are trying to fire our present garbage company and change to a different company with much better pricing. Our original company was bought out by Waste Management a few months ago. They claim that we had a contract with L&K started in 2006 and that it went for 5 years and then renewed... Read more »

Ronald J. Eisenberg answered on Jun 23, 2019

What you have is a contract issue. An attorney would need to read the contract to provide you with sound advice. That being said, I’m familiar with waste industry contracts and they are generally harsh. The often renew automatically unless the customer gives sufficient notice of non-renewal.... Read more »

1 Answer | Asked in Appeals / Appellate Law and Legal Malpractice for Missouri on

Q: How long does a judgement for medical bills remain in missouri

I found out there is a judgement against me for medical bills my spouse incurred PRIOR to our marriage. The judgement is 9 years 8 months old and it is preventing g me from buying a house. Help!!!

Ronald J. Eisenberg answered on Jun 5, 2019

Read the article I published about getting default judgments set aside. It might apply to your situation, depending on whether you were properly served. https://www.avvo.com/legal-guides/ugc/how-to-get-a-default-judgment-set-aside

It sounds like the judgment might expire this year....
Read more »

1 Answer | Asked in Traffic Tickets for Missouri on

Q: An officer is on an overpass running radar sending units by radio sitting on an exit ramp to pull people over and issue

Ronald J. Eisenberg answered on May 28, 2019

You didn't ask a question. What you describe is common and no per se improper.

1 Answer | Asked in Consumer Law and Collections for Missouri on

Q: How can you look at the docket for me?

How can you see the docket or what information do you need? I’m just curious as the hearing that’s coming up about this. I understand that me not working it won’t go away but they haven’t made any attempt to serve my ex at all.

Ronald J. Eisenberg answered on May 28, 2019

You should be able to go to your local circuit court and obtain a copy of all documents that have been filed in the case.

1 Answer | Asked in Consumer Law and Collections for Missouri on

Q: Well my next question on that is there is another hearing schedule so what could this hearing be about?

I don’t work and can’t work and showed proof to the lawyers via email like they asked so if I can’t work and they won’t serve my ex husband what happened at that point

Ronald J. Eisenberg answered on May 24, 2019

Without seeing the docket entry, there's no way for me to answer that question other than to guess that maybe they only got one fo the two of you served and the next hearing is on a motion to review but as to the other one of you.

Whether you do or don't have money to to pay the judgment is...
Read more »

1 Answer | Asked in Land Use & Zoning for Missouri on

Q: Can you run a car was business in a residential area the person seem to have a business license but in a residential are

Ronald J. Eisenberg answered on May 24, 2019

Depends on the zoning requirements in the residential area. Probably not, however.

1 Answer | Asked in Consumer Law and Collections for Missouri on

Q: I have a question about a judgement my ex husband and I got

What does this mean? REVIVAL OF JUDGMENT CALLED, HEARD AND SUSTAINED. THEREFORE, THIS COURT HEREBY REVIVES THE ORIGINAL JUDGMENT HEREIN WITH COSTS TO BE PAID BY DEFENDANT. FOR ADDITIONAL TEN YEARS, AS PROVIDED BY LAW

Ronald J. Eisenberg answered on May 24, 2019

Missouri state court judgments expire 10 years after the latter of entry of judgment or a payment on the record towards the judgment, such as a garnishment payment received.

The docket entry you quoted suggests that the plaintiff file a motion for revival of judgment, had a hearing, and got...
Read more »

1 Answer | Asked in Real Estate Law for Missouri on

Q: Is it possible for a judge to rescind a contract 3 years after the sale if they lied in disclosure?

We just found out the sellers lied on disclosure when they said they were not aware of any other foundation problems. We know the were aware, because the contractor that repaired the 3 minor cracks for them has this huge one in his report. He made the repairs and then the sellers finished the... Read more »

Ronald J. Eisenberg answered on May 24, 2019

You are unlikely to get the deal rescinded at this point and I'm not sure what good that would do for you now that you've already paid and probably obtained a mortage.

You should consult with an attorney who is familiar with failure-to-disclose litigation. In addition to suing for breach...
Read more »

1 Answer | Asked in Business Law and Civil Litigation for Missouri on

Q: What can I do if my job schedules me as a"customer service manager" and I get paid as a cashier?

The pay is$2 more, I've been doing this for 9 months now, I was interviewed for the actual position but haven't heard back yet, I just find this situation very unfair

Ronald J. Eisenberg answered on May 18, 2019

290.100. Any railway, mining, express, telegraph, manufacturing or other company or corporation doing business in this state, and desiring to reduce the wages of its employees, or any of them, shall give to the employees to be affected thereby thirty days' notice thereof. Such notice may be given... Read more »

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