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Questions Answered by Robert Grant Pennell
1 Answer | Asked in Employment Law for Missouri on
Q: I am employed at a daycare and am being asked to attend a mandatory training with no pay. Is this legal?

The daycare is operated inside of a church. The training is a CPR training for a couple hours. the training is being held when the daycare is closed on a holiday break.

Robert Grant Pennell
Robert Grant Pennell
answered on Nov 8, 2024

The Fair Labor Standards Act (FLSA) mandates that all hours worked are paid. Accordingly, the daycare may not require employees attend training offered without pay. However, the daycare could get around this by making CPR Certification a requirement of the job, with the training class an optional... View More

1 Answer | Asked in Employment Law for Missouri on
Q: During job interview, I was promised to work from home. Now they want me in house. Is this legal?

When I was interviewed for this job, I was told this will be work from home. This is one of the two reasons why I took this job. (The other was the pay rate) I was told I would have to work 2 days in the office per week, starting out to operate a laser engraver. It's now been two years and... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 1, 2024

You can ask, but as an at-will employee, either party can change the terms of employment at any time. The other party can then accept or reject those terms. In other words, the employer doesn't have to agree to let you work from home.

Q: How to appeal law suits judgement from unemployment claiming I was over paid witch is false

I was still employed by secondary job I reported my weekly earnings and was paid the difference I was honest problem I didn’t learn why they was so adamant that I was not reporting in the correct amount is because my wife is also employed at the same place whenever employment office requested... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Jan 30, 2024

The unemployment appeals process is very strictly enforced. If you appealed the Deputy's Determination but failed to appear for the Appeals Hearing, your appeal was dismissed. Only evidence presented at the Appeals Hearing can be considered by the Appeals Tribunal in making its decision. Since... View More

1 Answer | Asked in Business Formation and Business Law for Missouri on
Q: I am dissolving my LLC in MO and have not done any business in years. Do I have to file the notice of winding up?

This LLC has just the owner and no other members/employees. Has not done any business in several years and just need it dissolved.

Robert Grant Pennell
Robert Grant Pennell
answered on Jan 29, 2024

You are required to file a notice of winding up and publish a notice with two papers advising of this fact. The purpose of doing so is to protect you from any claims not pursued within the required timeframe. If you do not do this, then you may expose yourself to a claim being pursued at some... View More

1 Answer | Asked in Employment Law for Missouri on
Q: As a contract employee of ALKU, I worked for their client Vanderbilt. ALKU Contract ended Dec 29th. Interested in full

time in house job with Vanderbilt. Does this clause in my former ALKU contract prevent my employment with Vanderbilt for the next 12 months.

Agreement Not to Solicit Clients. Employee agrees that during the

term of his employment by the Company and for a period of 12 months... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Jan 24, 2024

The short answer is yes, but to get an accurate answer, you will need to hire an attorney familiar with non-competes to provide a detailed analysis of not only the provision language but the entire agreement, as well as the underlying facts of the work and employment. For a non-compete to be... View More

2 Answers | Asked in Employment Law and Employment Discrimination for Missouri on
Q: Can an employer use different job titles for the same job in order to pay different wages to individual employees?

I am a kidney transplant coordinator for a hospital. Hospital has just started a bone marrow transplant program and has created "transplant coordinator" job titles averaging about 15,000 dollars more than my position which is classified as "nurse clinician".

Robert Grant Pennell
Robert Grant Pennell
answered on Nov 26, 2023

Missouri is an at-will employment state, and the employer can pay folks however it chooses without regard to job titles. It can also discriminate against employees on any basis it sees fit EXCEPT on the basis of an employee being a member of a protected class. The protected classes are race, sex,... View More

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2 Answers | Asked in Employment Law for Missouri on
Q: Is it illegal for a job to fake offer you a position? And string you along for weeks and then "rescind it" for no reason

I was offered a position. I was told we were waiting on paperwork to process so I could get finger printed. I texted multiple people for weeks and was assured everything was good to go. Here they hired two of us and lied to me for weeks in case the other candidate didn't fall through. I lost... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Nov 23, 2023

While that is unprofessional, it isn't illegal. Since the job is almost certainly at-will employment, the employer could discharge you immediately after being hired without any reason with no liability. As a result, there is no basis for a claim. There could be an exception if you were able to... View More

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1 Answer | Asked in Employment Law and Libel & Slander for Missouri on
Q: If your employer fires you for something you are accused of, without proof you did anything wrong, can you sue?

I worked for a major hospital as a security officer. During this time a very violent juvenile patient came in, and we had to take physical measures to stop her from hurting staff. After the situation was resolved, I received several complaints against me from medical staff claiming I used excessive... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Dec 3, 2024

Unless you are a union employee, you are an at will employee, and as such can be fired at any time and for any reason, or even no reason at all. Accordingly, what you describe is not a wrongful termination. I recognize that to most laypeople the term wrongful termination would apply to any case... View More

1 Answer | Asked in Contracts and Banking for Missouri on
Q: What are the legal repercussions of “paying” off a loan to get into another loan?

Right now we have a loan with our current vehicle and its transmission went out. We still owe on this vehicle. We are going to eventually just give it back to the bank. When I tried to get another loan for a vehicle, no place would let me because of the loan I have. I used my routing number to make... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Sep 20, 2023

You have the cart in front of the horse. You need to be asking “what are the legal repercussions of knowingly writing a bad check.” The answer is it is a crime, and you can be pursued criminally by the prosecuting attorney or civilly by the lender to whom you wrote the check knowing it would... View More

3 Answers | Asked in Employment Law for Missouri on
Q: Is there anything that can be done if you find out you are being paid under your HR job pay scale?

I submitted my request for my job pay scale and found I was below the minimum. When I escalated it up, I was told they have no time frame to increase. Do I have any case or just cut my losses and leave?

Robert Grant Pennell
Robert Grant Pennell
answered on Sep 18, 2023

Pay scales are not mandatory from a legal standpoint. While I would think that an employer would not want to have folks being paid less than whatever pay scale they have set for a position, there is no legal basis to force the issue that I am aware of in the state of Missouri.

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1 Answer | Asked in Employment Law and Civil Rights for Missouri on
Q: After a city counsel meeting the meeting was adjourned. Some of the Alderpersons and mayor sat around and discussed

The employees and their problems. Like I said. They hard adjourned the meeting and there were still citizens present. Do the employees have a case against them

Robert Grant Pennell
Robert Grant Pennell
answered on Sep 13, 2023

A case for what? Are you thinking that the employees have a privacy right related to what was being discussed? Generally there is no such privacy right unless it relates to medical privacy. While it may not be appropriate, it isn’t normally illegal.

1 Answer | Asked in Employment Law for Missouri on
Q: Can a employer withhold damages from an accident that caused my termination out of my final paycheck? I reside in Kan.

It was a non injury no one else involved accident that bent the bumper on a semi truck in a road construction area where the lanes were to close and I scrapped the right side bumper. They said they were taking money out of my check for it. And I know they are going to file an insurance claim... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Sep 4, 2023

An employer may deduct damages caused by you from your paycheck provided doing so does not result in your pay being less than the minimum hourly wage.

2 Answers | Asked in Employment Law for Missouri on
Q: Can my employer take away PTO for not reporting absences of subordinates?

My employer is mandating that people come into the office Mon/Wed. Supervisors who don't report absences are subject to that day being considered a PTO day as well as being considered a PTO day for the subordinate above the original.

Is this legal in St. Louis, MO?

Robert Grant Pennell
Robert Grant Pennell
answered on Aug 28, 2023

The employer can discharge the supervisor for not reporting absences as well as other less severe consequences.

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1 Answer | Asked in Employment Law and Employment Discrimination for Missouri on
Q: I work in Missouri- and "At Will" state. My employer doesn't have an attendance policy. Can I be fired for attendance?

I have had to miss work because of a serious medical condition. My boss said it was okay, and then weeks later expressed concern about my attendance. I've never been given any warnings, and my boss said there is no attendance policy in place. Can I be fired for attendance under these circumstances?

Robert Grant Pennell
Robert Grant Pennell
answered on Aug 24, 2023

You answered your own question when you acknowledged that Missouri is an at-will employment state. At-will employees may be discharged at any time for any reason or no reason at all.

1 Answer | Asked in Employment Law for Missouri on
Q: I have a non-compete in Missouri. Can I go and work for a competitor, in a different position if I don't divulge info?

I have a non-compete that was signed in 2019. It is for a period of two years after I leave the company. I am currently considering a move to a much smaller company in the same industry. I will not be in the same position I am now and I will not be sharing any information about my current... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Aug 23, 2023

No attorney can possibly provide any meaningful information regarding a non-compete - or any contract for that matter - without reading it in its entirety. Whether or not the position you are considering would violate the terms of the non-compete is very fact-specific. What I can tell you is that... View More

1 Answer | Asked in Employment Law for Missouri on
Q: Can I receive unemployment benefits while on unpaid fmla but can physically work?

I did talk to unemployment when I started to file and they said if I physically could not work I would not qualify but if I physically could then I would qualify but I think my work is trying to fight it now since I asked for an exemption so I don't have to look for a job while on leave.

Robert Grant Pennell
Robert Grant Pennell
answered on Aug 13, 2023

You are not entitled to unemployment benefits while on FMLA. The reason being, that you are not unemployed - you are still attached with your employer. Whoever you spoke with at the Missouri Division of Employment Security was wrong or didn’t fully grasp what you were asking.

2 Answers | Asked in Consumer Law, Contracts, Child Custody and Family Law for Missouri on
Q: Co-signed place for ex 2015 now have default judgement 15k she was served and I wasn’t found out this week what can I do

Signed as a co-signer in 2015 to help her out stayed 2 months to help set up and we separated, we’re going into a heated custody battle while doing record searches and requests i found a judgment against me from 2016. I was never served she was and didn’t notify me the Original debt was 3-4k... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Aug 13, 2023

You can build a Time Machine and go back and tell yourself not to co-sign! Never co-sign for anyone unless you’re prepared to pay the debt yourself.

There’s nothing you can do about the debt itself. You may be able to file a motion to set aside the default judgment on the basis of no...
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2 Answers | Asked in Construction Law and Contracts for Missouri on
Q: Roofing contractor signs contract & accepts $9000 down payment for job. He uses money for himself

doesn’t replace it & doesn’t order roofing materials as promised. Isn’t contract breached at this point?

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 28, 2022

As always, Mr. Eisenberg is correct.

A contract breach occurs when one party fails to perform (or whose performance deviates from) what was contracted. A common problem for contracting homeowners is the absence of required terms in the contract. To piggyback on Mr. Eisenberg’s example,...
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1 Answer | Asked in Employment Law for Missouri on
Q: I am a supervisor an employee has made two harassment issues against me both coming out false. Can I do anything

An employee has filed two toxic work environment claims against me and after being investigated they came out in my favor. Any time I correct her on her job or have to take disciplinary action against her she files more paper work in HR. It’s making it to where I’m afraid to do my job as a... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 14, 2022

Nothing. Taking any action will look like retaliation on your part. Understand that anyone that keeps making unsubstantiated allegations will have little credibility. If it were me, I would ask for a sit down with a Manager in Human Resources. At the meeting, express concern about how best to... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Missouri on
Q: Does an employer have the right to deny an employees doctor's note stating he should only work 1 Saturday per month?

If the condition is something categorized by ADA as being a chronic condition. And the overtime hours that he'd be working were never discussed.

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 11, 2022

Generally speaking, the terms of employment are between the parties and can be changed at anytime, and a doctor’s note need not be accepted by an employer. The exception is if the employer has enough employees to be covered by the ADA and the situation deals with a reasonable accommodation... View More

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