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Questions Answered by Robert Grant Pennell
2 Answers | Asked in Construction Law and Contracts for Missouri on
Q: Roofer took 9,000 down payment in Nov’21 signed a contract & roof wasn’t done until Nov 2022 Is the contract still valid

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

Robert Grant Pennell
Robert Grant Pennell
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

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1 Answer | Asked in Employment Law and Constitutional Law for Missouri on
Q: Is the NFL's new rule making all teams hire only non-white asst offensive coach a violation of the constitution?

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

Robert Grant Pennell
Robert Grant Pennell
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.

2 Answers | Asked in Employment Law and Family Law for Missouri on
Q: Are companies required to pay by law if you are off with COVID and unvaccinated. Vaccinated people get paid if off.

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.

Robert Grant Pennell
Robert Grant Pennell
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

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1 Answer | Asked in Business Law for Missouri on
Q: Does an S-Corp protect the owner from losing their personal belongings or their cemi trucks they use for the business.
Robert Grant Pennell
Robert Grant Pennell
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

2 Answers | Asked in Employment Law for Missouri on
Q: My Boss stated they were going to fire me when I give birth. I will have been here for 8 months when I go into labor

I know I haven’t been here for a year so they don’t have to give me paid leave and that’s fine but can they honestly fire me for giving birth?

Robert Grant Pennell
Robert Grant Pennell
answered on Nov 26, 2021

The short answer is yes and no. It is a violation of the Pregnancy Discrimination Act to discharge someone for giving birth. Still, the act doesn't require an employer to provide any preferential treatment to a pregnant woman. The Family Medical Leave Act (FMLA) is the only job protection... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Is it illegal for my employer to deny me an opportunity to make more money when a rotation in my title to do so is set.

Ok. Long story short. Huge order every home game for NFL team. Delivery drivers take the order. I am one. 11 years same company. Many unethical and illegal situations. This is most recent. So there is no confusion ,because the tip is generally a couple hundred dollars, a rotation for delivering was... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Nov 20, 2021

There is nothing illegal about what you describe.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I got a notice that my lease was being terminated at the mobile home park where I have lived for 10 years. What can I do

The current property manager clearly has a problem with me as she continually writes me up for ridiculous violations, but doesn't write up other homeowners for the same violations.

The Notice was dated 11/2 and says my lease will expire 11/30, and I have 60 days to leave the premises,... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Nov 18, 2021

Unless you have a current written lease with a specified term, you are a month-to-month tenant. You indicate that you have lived there for ten (10) years, which suggests that you likely don't have a current written lease agreement. To clarify, I am not talking about a written lease that you... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Missouri on
Q: This squatter is in Texas County MO. No lease , no money exchanged. Where do I find the unlawful detainer form to file?

I originally was going to rent to this person, but too many lies made me change my mind. I did let him get the electric in his name while many repairs were made that he had agreed to pay for. He never paid for any. I paid him to put the roof on and owed him $300 more, which I told him I would pay... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Nov 18, 2021

From your description, it appears that this individual was on a month-to-month lease. As such, either of you can terminate the lease at any time upon providing at least thirty (30) days' written notice before the start of the next month. If you provided written notice to this person on... View More

1 Answer | Asked in Employment Discrimination for Missouri on
Q: I declined a flu vaccine at work. My name was posted publicly.

Is this a HIPPA violation?

Robert Grant Pennell
Robert Grant Pennell
answered on Nov 18, 2021

Laypersons commonly misunderstand HIPAA to have broad application, but that is false. HIPAA doesn't apply to employers generally. It only applies to healthcare providers and those working with or on their behalf (i.e., health insurers, medical records providers, etc.). So, no. Your employer... View More

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