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Missouri Employment Law Questions & Answers
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 Business Formation, Civil Litigation, Contracts and Employment Law for Missouri on
Q: Does a handshake contract of me keeping a business running until it’s sold for compensation of $100,000 stand up in cour

I have worked for this business for 29 years took nine months to sell and that time I worked way more hours and couldn’t take off for anything now he says that they’re probably only $20,000 to give me

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 26, 2024

In general, under Missouri law, contracts may be oral. In general, it is easier to enforce written contracts because if both sides sign, the terms are those of the document. There is an exception to the rule. Certain contracts must be in writing. It’s called the “statute of frauds”.... View More

0 Answers | Asked in Employment Law and Employment Discrimination for Missouri on
Q: Can my company write me up for failing a class they forced me to take ?

I am a maint. plumber for a small college and also lead-man in my group. The school forced myself and another employee to take a week long course in locksmithing. They did not ask for volunteers in my group of 10. I explained to them I was not interested. I don't test well as I have ADHD and... View More

1 Answer | Asked in Employment Law and Landlord - Tenant for Missouri on
Q: Can I stop this garnishment or am I stuck paying this even though I do not owe it.

2018 I was evicted from my rental property cause I let my brother move In with me and he got the cops called on him one evening landlord found out about it. I never was late on rent and this and landlord was not right he wanted to negotiate rent with me often you know what I mean but I handle him... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 29, 2024

What matters is not whether you believe you owed the money related to the alleged debt for which you were sued. What matters is if you were properly served with the summons, the amount of the judgment, the calculation of post-judgment interest. If service of the summons was improper you may file... View More

1 Answer | Asked in Employment Law for Missouri on
Q: Can I sue my former employer for defamation?

My former employer wrongly filed a report of child abuse against me and it caused me to lose a different job

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 14, 2024

Absent an employment contract with an arbitration provision that prevents such a lawsuit, you can sue for defamation. Defamation cases in Missouri are difficult and expensive. If you are willing and able to pay an attorney by the hour and can prove actual damages--an essential element of a... 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.

1 Answer | Asked in Employment Law, Business Law and White Collar Crime for Missouri on
Q: Employer withholding my paycheck for many reasons, never asks if it's okay. Is this illegal? What are my options?

She pieces out payments to me in small increments of 100-200 dollars. By the time the previous check has been paid, the next is due, leaving me over 1 week behind all the time. It has been like this for months, was never like this before. She always has excuses like "electric bill, rent,... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 8, 2024

Missouri has a strict law about when a final paycheck is due but I’m unaware of any statute governing the timing of pay while you are still employed. If your employer cannot afford to pay you or won’t timely pay you, maybe it’s time to look for another job rather than wait to be terminated.

1 Answer | Asked in Employment Law for Missouri on
Q: Who do I need to contact for not paid for the hours I worked. my manager was paying her boyfriend half my hours worked

Like I only got paid for 8 of the 16 hours I worked

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 10, 2024

You might be able to get additional money if you contact an attorney. Missouri has a good unpaid wages statute that allows for weeks of additional pay if a proper request is sent and ignored.

1 Answer | Asked in Tax Law, Consumer Law and Employment Law for Missouri on
Q: My former employer did not list my federal taxes paid on my w-2. It shows the paid state and other taxes. What can I do?

This school is a charter for the St. Louis Public Schools. While there I was harassed by my “team leader” and when the administrators would not help me, I had to quit because it was causing me severe mental distress.

James L. Arrasmith
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answered on Jan 26, 2024

Here are a few options you can pursue regarding the incorrect W-2 from your former employer:

1. Contact your former employer's payroll or HR department and request a corrected W-2 that accurately reflects the federal taxes withheld from your paychecks throughout the year. All employers...
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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

1 Answer | Asked in Employment Law and Civil Rights for Missouri on
Q: I was given a urine drug test and was told I have to be sent elsewhere and would notify me when she finds one to go to

I did not/ have not taken any illegal drugs nor did I consume any alcohol. All I had in my system was my prescription for adderall that I had taken prior to the orientation I had attended for a job I was supposed to start this week. I still have not heard back from this employeer with further... View More

James L. Arrasmith
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answered on Jan 5, 2024

In your situation, where a prescribed medication has affected your drug test, it's important to communicate with your employer. Provide them with documentation of your prescription for Adderall. This documentation should include a note from your healthcare provider confirming that you are... View More

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Missouri on
Q: Could non-compete/non-solicit contract ever lead to criminal charges? If so, provide real life example.

I have a non compete/non solicit

contract with an employer. If there some sort perception where it appears as if I want to solicit. Does this make me a fraud or criminal?

Could someone ever go to jail for non-solicit contract?

Tim Akpinar
Tim Akpinar
answered on Jan 18, 2024

A Missouri attorney could advise best, but your question remains open for five weeks. Those contracts usually involve civil damages. If the contract additionally includes provisions for confidentiality/disclosure in a setting where sensitive defense industry information is involved, then criminal... 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".

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 26, 2023

In Missouri, what you describe is not unlawful on its face. Your employer cannot discriminate based upon your membership in a protected class, such as race or national origin, but an employer generally need not be fair or nice. I don’t know if the skills for the position differ. Even if they... 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 for Missouri on
Q: I was hired at $15 per hr then if I missed 1day then for that pay check he only paid me $13 per hr is that legal

I guess he thinks he can punish me for missing work regardless what the reason was I have my check stubs I'm gonna file for unemployment really soon cause I cut grass and the season is almost done

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 6, 2023

If you were shorted you can file a lawsuit for the $2 per hour you were not paid. You’ll need to decide whether suing is worth the effort. Your time might be better spent applying for unemployment benefits.

1 Answer | Asked in Employment Law for Missouri on
Q: Is it legal for my manager to put a medical time off request on an Outlook calendar with multiple groups?

if I put in a time off request for a medical reason and then my manager puts it on an Outlook calendar with multiple groups of employees out with the reason for post-op recovery, is that breaking any laws?

T. Augustus Claus
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answered on Sep 27, 2023

Disclosing medical information without consent may be a breach of privacy. Laws such as HIPAA (Health Insurance Portability and Accountability Act) govern how medical information can be shared but usually apply to healthcare providers, not employers. However, there may be state laws or company... 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 Discrimination and Employment Law for Missouri on
Q: I am a city employee. A citizen is making accusations against me.

The citizen said that she has pictures of me coming home during the day. I do at lunch but that is all. The mayor is unable to produce the pictures

T. Augustus Claus
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answered on Sep 13, 2023

First, review your work schedule and ensure that your actions are in line with your employment policies. If you have a designated lunch break, using it appropriately is important.

Document your daily activities, including your lunch breaks and any work-related trips. This documentation can...
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