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Questions Answered by Robert Grant Pennell
1 Answer | Asked in Gov & Administrative Law, Civil Rights and Employment Law for Missouri on
Q: Can a government contractor require shoe removal and pat-down in a drug test?

I was subjected to a drug test by a government contractor following a safety violation. During the test, I was unexpectedly asked to remove my shoes and was patted down. I had not been informed of any specific procedures that would involve such searches, and I felt the search was inappropriate. Is... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Jun 18, 2025

Some people try to beat a drug test by using someone else’s urine, and will even go so far as to use something in their pants to make it appear they are urinating into the specimen cup. It may be necessary to pat you down to ensure you are not utilizing such methods to avoid a positive result.... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Public Benefits for Missouri on
Q: Can I quit my job due to lack of support for medical needs and receive unemployment benefits in Missouri?

I have been working at my current job in Missouri for over 2.5 years, and my previous manager accommodated my medical needs, including preparing for my upcoming cancer surgery. However, my new manager has not been understanding. Although she allows others to be late without repercussions, she... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Jun 17, 2025

You can certainly quit your job, but it is rather difficult to get benefits if you resign. You must prove that you “quit for good cause attributable to the work or employer.” This is an objective standard, meaning that you must be treated so poorly that anyone would have quit under the... View More

2 Answers | Asked in Estate Planning and Employment Law for Missouri on
Q: Can I use my father's money to pay utilities in his home where I live?

I am my father's financial power of attorney after he had a stroke. The document grants me the ability to handle his finances without any specific restrictions. He is currently living with my brother, while I live in my father's home in Missouri. I'm concerned about my brother’s... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Jun 6, 2025

Is your father benefiting from your use of those utilities in his home while he lives elsewhere? No, so you shouldn’t be using his money to pay for them. Incidentally, are you paying rent for your use of your father’s home? If not, then you are depriving your father from the rental income he... View More

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3 Answers | Asked in Divorce, Family Law, Real Estate Law and Contracts for Missouri on
Q: Can my wife claim half the profit from selling our home despite abandoning it?

My wife left 15 months ago and refused to file for divorce. I am now selling our home, which is solely in my name, but she is on the deed. She wants a divorce and half the profit from the sale of the home, despite abandoning the house and not contributing to payments during the two years she lived... View More

Robert Grant Pennell
Robert Grant Pennell
answered on May 31, 2025

If her name is on the deed, then by definition it isn’t solely in your name. Perhaps you mean the mortgage is only in your name but that is a different issue.

As part of the divorce proceedings the court will make a division of the marital assets, and the house is one of those assets. So...
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2 Answers | Asked in Employment Law for Missouri on
Q: Is it legal to deduct money from my paycheck for a gas drive-off in Missouri?

I am an employee in Missouri, and money was deducted from my paycheck for a gas drive-off. There is no written or verbal agreement regarding such deductions. This has happened once before. Is it legal for my employer to deduct this amount from my paycheck?

Robert Grant Pennell
Robert Grant Pennell
answered on May 16, 2025

It is legal for an employer to deduct amounts from an employee’s paycheck provided it doesn’t result in the employee’s effective hourly wage (gross pay less deduction divided by hours worked) being below the minimum wage, as that would be a Fair Labor Standards Act (FLSA) violation. I agree... View More

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2 Answers | Asked in Consumer Law, Contracts and Insurance Defense for Missouri on
Q: Cancellation options for AOB contract signed by non-policyholder in Missouri.

My brother signed an Assignment of Benefits (AOB) form with a roofing company to repair the roof without understanding the implications. He is not listed on the insurance policy or the home mortgage, but the contract states they will retain 35% of the insurance payout if canceled. My brother wants... View More

Robert Grant Pennell
Robert Grant Pennell
answered on May 15, 2025

The roofing company's contract is not enforceable because it was signed by someone who lacks the authority to act on your parent's behalf. Your brother is not on the hook for anything because he has not breached the contract. If canceled, the roofing company is entitled to 35% of the... View More

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2 Answers | Asked in Civil Rights, Gov & Administrative Law and Employment Law for Missouri on
Q: City notice on lawn mowing for disabled Veteran and possible ADA violation.

I'm a disabled Veteran with a 90% disability rating and have a Veterans card. Due to my injuries and the heavy rain, I could not mow my lawn. The city sent an informational notice, stating that if I don't mow by the designated date, they will hire someone to do it at my expense. They also... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 28, 2025

Let me first thank you for your service. I’m sorry that you have considerable disability.

Unfortunately, I don’t believe you have any legal basis for contesting the matter. Being disabled doesn’t make exempt from city ordinances regarding lawn maintenance. As for the due process...
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2 Answers | Asked in Consumer Law and Contracts for Missouri on
Q: Can an Instagram agreement enforce a $1,000 cancellation fee for a high school student?

I'm a high school student, and I agreed to a deal with someone on Instagram where I paid $100 for online tutoring on making money. I signed an agreement with terms that if I backed out, I would have to pay a $1,000 fee. I paid $100 but decided to leave a week later without receiving or taking... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 28, 2025

I should note that no attorney can accurately assess the ramifications of a contract without reading it in its entirety. That said, I will offer the following:

First, how old are you? Under Missouri law, you are not competent to enter into a contract until you are eighteen (18) years old....
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2 Answers | Asked in Employment Law for Missouri on
Q: Is it legal to adjust current pay period hours for past overtime in Missouri?

I work in retail as an hourly employee in Missouri. My employer took away hours from my current pay period to compensate for overtime paid in the previous pay period, notifying me just four hours before making the change. To my knowledge, there is nothing in my employment contract or company policy... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 22, 2025

I’m not sure I’m understanding your question. The employer can certainly cut your hours as it sees fit. I don’t understand what you mean by “took away hours from my current pay period to compensate for overtime paid in the previous pay period.” Reducing hours in one week will not avoid... View More

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2 Answers | Asked in Employment Law for Missouri on
Q: Why might I not have ADA protection after being terminated due to health issues?

I was terminated from my job due to health issues that my employer was aware of, including cognitive decline, mental health distress, and occasional falls. My leave lasted from May 25, 2024, to March 1, 2025, during which I frequently communicated my conditions to my employer by phone and text. A... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 4, 2025

If you were discharged due to your disability as you allege, you would have a potential ADA case. However, I think you posted this before and said you had a "potential" but not "firm" return-to-work date when the Employer filled your position. Your job was no longer protected by... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for Missouri on
Q: Legal termination during medical leave with disabilities in Missouri?

I was terminated during a long-term leave of absence due to ongoing disabilities, including cervical vertebrae collapse (with surgery performed), falls, behavior and mood changes, declining cognitive skills, severe depression, and anxiety disorders. My former supervisor informed me that my ongoing... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 3, 2025

Once you exhaust your FMLA, your job is no longer protected, and you can be let go. There is no prohibition against letting someone go simply because they are out on a leave of absence, whether or not it is related to a disability. Many employers take the position that failure to return to work... View More

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2 Answers | Asked in Civil Rights, Employment Law and Employment Discrimination for Missouri on
Q: Seeking legal advice on filing retaliation, ADA discrimination, and constructive dismissal claims.

I filed a formal complaint against my supervisor for preferential treatment last year, which resulted in immediate retaliation, including disciplinary action, attempts to covertly replace me, exclusion from key team functions, and a harmful return-to-office policy. This affected my mental health,... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Mar 16, 2025

You haven’t actually asked a question, but I will attempt to provide some general information regarding discrimination claims.

You indicate you filed a complaint against your boss for preferential treatment. That is just another way of saying discrimination, so what was the basis for the...
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1 Answer | Asked in Employment Law for Missouri on
Q: Overtime calculation for hourly manager with new management

I work as an hourly manager, and my employer recently told me that I need to work over 80 hours biweekly to qualify for overtime pay, stating that my recent hours of 28 and 44 do not meet this threshold. Previously, I always received overtime without hitting 80 hours. We've had new management... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Mar 5, 2025

The answer is "it depends." Generally speaking, if you work over 40 hours in one week (based on the payroll system's designation of when the week begins and ends), then you are entitled to receive overtime pay. However, I understand that certain entities are able to use a two week... View More

1 Answer | Asked in Employment Law for Missouri on
Q: Wrongful termination due to attendance and FMLA retaliation in Missouri.

I believe I was wrongfully terminated from my job in Missouri due to attendance issues, possibly in retaliation for missing a few days. I worked at the company for almost two years and had accumulated some attendance points, but they were close to falling off. Recently, I was out sick and applied... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Mar 3, 2025

It is perfectly acceptable to discharge an employee for attendance. If you filed for FMLA but it hadn’t yet been reviewed, the common practice is to wait and see if it qualifies. If you had not formally submitted an FMLA request at the time you were discharged, then the company was acting on the... View More

1 Answer | Asked in Consumer Law and Contracts for Missouri on
Q: Am I obligated to return an unordered monitor sent by mistake in Missouri?

I bought a computer from a company, and they mistakenly sent me a monitor along with the computer. The package was correctly addressed to me. The company contacted me via email today, March 3, 2025, requesting that I return the unordered monitor that I received on February 28, 2025. I have not... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Mar 3, 2025

Just because a company makes a mistake, does not mean you get a windfall. The company is legally permitted to require you to return the inadvertently delivered item. However, the company cannot require you to incur any expense associated with the return.

1 Answer | Asked in Civil Rights and Employment Law for Missouri on
Q: Is it legal for my supervisor to request a search without evidence and treat me differently based on gender?

In my workplace, a coworker reported missing money from her purse. Both I, a male employee, and a female coworker were questioned by our supervisor. In the hallway outside residents' rooms, and in the presence of the female coworker, I was publicly asked to turn out my pockets and open my... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Feb 21, 2025

As an at-will employee, you can be discharged at any time and for any reason or no reason at all. While asking you to turn out your pockets in front of others may have been somewhat harsh, it is not illegal. The employer was simply trying to get to the bottom of the situation, and you, as the most... View More

1 Answer | Asked in Consumer Law, Lemon Law and Contracts for Missouri on
Q: Advice on legal actions for car purchase and warranty issues in Missouri with no dealer response.

I purchased a used car with a 60-day warranty from a dealer in June 2024 in Kansas City. Within this period, I had to replace the engine, radiator, hoses, and work on the transmission, totaling over $10,000 in repairs. I sent two letters to the dealer with the repair bills but received no response.... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Feb 20, 2025

If you complied with the warranty provisions in getting the repairs, you can pursue a claim for breach of contract and possibly a violation of the Missouri Merchandising Practices Act. Typically you are required to get the work completed by the dealer that sold you the car, or if it doesn't... View More

2 Answers | Asked in Employment Law for Missouri on
Q: Hostile work environment and wrongful termination concerns in Missouri

I am seeking legal advice regarding a hostile work environment and potential wrongful termination at my job in Missouri. I work in the vehicle warranty/service contracts industry for a medium-sized company with about 200 employees. Over the past several months, I have documented multiple instances... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Feb 19, 2025

Mr. Eisenberg is correct. "Hostile work environment" and "wrongful termination" are legal terms of art that don’t mean what most laypersons assume they mean. A boss can legally treat you badly, unfairly, and harass you without creating a "hostile work environment"... View More

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2 Answers | Asked in Contracts, Landlord - Tenant and Real Estate Law for Missouri on
Q: Is it a breach of contract if Truhold.com didn't make promised repairs?

I sold my house to Truhold.com and was charged $6,800 for repairs that existed before their purchase. I signed a six-month lease allowing me to stay, during which they promised to handle all repairs, insurance, and taxes. The lease stated I should not make repairs myself, yet nothing has been... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Feb 19, 2025

You were obligated to leave at the end of January regardless. You are exposing yourself to significant costs per the Unlawful Detainer statute, which makes you liable to Truhold.com for twice the fair market rent of the property. Compare that with the likely minimal amount you might recover in a... View More

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2 Answers | Asked in Animal / Dog Law and Contracts for Missouri on
Q: How can I gain ownership of dogs I've cared for in Missouri?

I have been taking care of my son's two dogs since he bought them. One dog has been with us for 5 years, and the other for 2.5 years. During this time, my family and I have paid for all their expenses, including food and vet bills, and the neighbors can confirm the dogs have lived with us.... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Feb 17, 2025

Ron is correct. However, as the owner of the dogs, your son was legally responsible for the cost of care and maintenance for the animals. So, negotiate a price for the dogs and then offset it with your bill for services for the care and maintenance of the dogs for the past roughly 2750 days of... View More

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