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

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
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

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
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?

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.
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?

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.
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

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
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.

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.
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".

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
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

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.
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

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.
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?

answered on Aug 28, 2023
The employer can discharge the supervisor for not reporting absences as well as other less severe consequences.
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

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

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,... View More
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

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
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.

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
The vote was 4-2 not to retain, with two voting members absent.

answered on Apr 10, 2022
No one can answer your question without having access to the bylaws.

answered on Apr 5, 2022
You are talking about an employment case for which the statute of limitations is 2 years, so your case had to be filed 5-6 years ago.
He used our money for his own purposes & then couldn’t afford to replace it, fed me lie after lie, I chased him down for a year. His dad finally loaned him the money so I wouldn’t press charges. I paid for all materials/labor. Finished the roof a year later Nov 2022. Now he wants to be paid... View More

answered on Apr 6, 2022
As usual, Mr. Eisenberg is correct - the contract governs. You state the initial $9k paid was a down payment, but what was the originally agreed-upon price? You also state that you paid for all of the materials. Was that the original understanding or something that you arrived at to get the work... View More
Can you legally make me hire from one group and not from all others? If so, please explain to me how this is possible? I have 30 employees in a very diverse group, all nationalities, religions, gender, straight and not. But this new NFL rule has me concerned that in time it will be the government... View More

answered on Mar 30, 2022
The US Constitution places limits on government action, not on the conduct of private parties or organizations, such as the NFL. This is a common misconception among laypersons.
they have made it a policy that if vaccinated then you will get paid for being off with COVID and if unvaccinated you will not get paid. I see that as discrimination, that is no different than sexual preferences, race etc.

answered on Mar 3, 2022
There is a big difference between this and sexual preferences, race. Federal law prohibits employment discrimination on the basis of race, sex, age (40+), religion, national origin, or disability. Discrimination on any basis other than against one of those special classes is perfectly legal. As an... View More

answered on Feb 24, 2022
Creating a corporation (either under subchapter S or C) or a limited liability company to operate your business is a wise decision for multiple reasons, one of which is the protection of your personal assets. Typically, that means that your personal belongings and similar items could not be sought... View More
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