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Missouri Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Missouri on
Q: Can my employer use the FFCRA to pay me as a "precautionary reason" even though nothing is stated in those terms

I was told to quarantine in march after traveling, but no federal, state or local government issued a mandatory quarantine after travel. So my work decided to tell me to quarantine for a week, which normally is 2 weeks so that doesn't make sense already. And they forced me to use 1 week of the... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 10, 2020

Hi, if your employer has fewer than 500 employees, they are likely covered by the FFCRA. The FFCRA requires employers to pay employees for up to two weeks (80 hours) at the employee's regular rate of pay if the individual is unable to work because the employee is quarantined (pursuant to... Read more »

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Missouri on
Q: What is my employer allowed to say to me me at work as far as personal stuff that has nothing to do with work?

So my wife and I work at the same place and we know the owner on a personal level outside of work. Well we got into an argument over the weekend and now he's taking it out on us at work. He called my wife a lier and said she should be ashamed to be a mother. He also brought up some personal... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 4, 2020

Missouri is an employment at will state. It is not unlawful for your employer to be mean, unprofessional, or rude. You have not articulated that any part of the situation was based upon your or your wife's membership in a protected class. If you believe there was unlawful discrimination you... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: In MO can they fire you without reason? Do they have to tell you? Can they fire you for voluntarily quarantine?

Family member who is a server chose to quarantine till she got her results back.

Came back negative. Employer removed her from the employee directory system and has not told her if or why she has been fired.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 23, 2020

Unfortunately, in an employment-at-will situation, a Missouri employer can likely fire and employee for being responsible and voluntarily quarantining.

Here's Missouri's service letter statute.

290.140. Letter of dismissal, when — failure to issue, damages — punitive...
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1 Answer | Asked in Employment Law and Employment Discrimination for Missouri on
Q: What do i look at to see what this pertains to my paperwork

not sure what they mean ?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 3, 2020

Your post is too vague to answer. Please try again and give some context.

1 Answer | Asked in Appeals / Appellate Law and Employment Law for Missouri on
Q: Can i win unemployment appeal?

I was working at a small ma and pa dinner and they shut down the end of February for a remodel. Said it should be about a month and then we can come back. Well right around the middle of March they opened up, but only take out, cause of covid 19. I was not one to work at this time still, I applied... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 25, 2020

Here is the statutory definition of "misconduct."

"Misconduct", an act of wanton or willful disregard of the employer's interest, a deliberate violation of the employer's rules, a disregard of standards of behavior which the employer has the right to expect of...
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1 Answer | Asked in Employment Law for Missouri on
Q: My 5 weeks salary was paid at base pay only when terminated. No commission. About 58% of total compensation. Legal?

Out of state company. I am remote sales in St Louis area. Terminated with out cause. Pay structure was base pay, commission and bonus. They paid on base pay only which was about 58% of what I feel I was owed. Policy calls for vacation being paid on pay rate. I say pay includes commission. Be... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 19, 2020

I suggest you confer with an attorney before filinig suit. Missouri has a great unpaid commission statute.

https://law.justia.com/codes/missouri/2011/titlexxvi/chapter407/section407912/

If you qualify under the statute and commissions are due, you might have a good claim for more...
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1 Answer | Asked in Employment Law for Missouri on
Q: Does your employer have the right to call you at home without expressed permission?this is in Missouri

If I call in to work, would my employer have the right to call and question, and/or fire me. Or would they be required to wait until the following work day

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 28, 2020

I’m not sure what you mean by “call in” to work. You didn’t provide context but in general an employer in Missouri may fire you for any reason at any time. There are exceptions. Meet with an attorney if you believe an exception to the employment-at-will doctrine.

3 Answers | Asked in Employment Law, Tax Law and Business Law for Missouri on
Q: Is getting paid under the table illegal

I didn't agree to getting paid under the table also they only paid me $100 for 50hours

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 20, 2020

Being paid or paying a contractor in cash is not illegal.

Failure to report income is illegal.

Failure to classify a worker properly is illegal (not in the criminal sense per se but it is a violation of the tax code).

If you were misclassified as a contractor when you...
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1 Answer | Asked in Employment Law for Missouri on
Q: Can an employer ban an employee from dating a former client?

I use to train at this gym, but I left and ended my contract with them. I then signed with another gym. The old gym had a no dating client rule. One of their employees and I fell for each other. I haven't been at that gym for over a year, but can that employee still be fired for dating me?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 28, 2020

I'm aware of no state or federal law that would prohibit such an employment policy.

1 Answer | Asked in Employment Law for Missouri on
Q: My employer stopped payment on my final check now I owe money that is rightfully mine. What should I do?

(I recived my final check from my ex employer. I took the check the same day to a check cashing place and cashed it. Today the check cashing place called me and told me that my ex employer had placed a stop payment on the check and I owed them the money back plus fees. We are paid for current week... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 26, 2020

Your post is unclear because you don't explain why the employer is claiming you owe the employer rather than vice versa. Therefore, it is hard to assess whether you owe your former employer or vice versa. For example, if the the check was to cover more than days you had worked, then I could... Read more »

2 Answers | Asked in Employment Law for Missouri on
Q: Is it legal for a Missouri employer to refuse to pay time and a half overtime to a non-exempt employee over 40hrs/week?

The position in question is an office receptionist, non-salaried at no more than $600/week, not managerial or administrative. I need help finding the actual statute that shows what this law is currently.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 5, 2020

Here are two Missouri statutes. Because of the attorneys' fee provision, you could probably find representation easily if you have a solid claim to make.

290.505. Overtime compensation, applicable number of hours, exceptions. — 1. No employer shall employ any of his employees for...
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2 Answers | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Can an employer not pay you for hours you’ve already worked, because they feel as if the job wasn’t done properly?

I have a friend who works at an animal hospital and her job is to clean and care for the animals. She’s been left a couple notes regarding her cleaning in the past week, and now today her boss is telling her that she’s not getting paid for the work she’s been doing because they feel as though... Read more »

Kyle Anderson
Kyle Anderson answered on Jan 30, 2020

I agree with Mr. Eisenberg. Typically, an employer must pay an employee for all hours worked and cannot make deductions based on the quality of the work. However, if the deducted pay still keeps her above the minimum wage rate (calculated by dividing her total compensation by the hours worked for... Read more »

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1 Answer | Asked in Employment Law and Tax Law for Missouri on
Q: Never received wages that my W-2 says I earned. Is this something I take to a legal department or the company itself?

I never received a paycheck from a place I worked for only one day and I assumed it was because I was still training. I just received a W-2 from them saying I did earn wages but I never received them despite setting up direct deposit. Who would I contact about this, some legal department or the... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 26, 2020

A business’s legal department is the business itself. I suggest contacting the HR or payroll person at the business.

1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Are employers allowed to request a dr note from an employee every time there child or self is sick?

This is not a standard policy for all employees in this company

Greg Mansell
Greg Mansell answered on Jan 22, 2020

Unfortunately, there is nothing the legally prohibits an employer from requiring a doctor's note for missed absences due to illness.

2 Answers | Asked in Employment Law for Missouri on
Q: Unpaid wages

I have been working with a property manager/owner that focuses on low income housing for several years as general maintenance. I am responsible for work orders for current residents, inspections from various housing agencies and City of St louis building division, leasing, and training/running new... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 10, 2020

Whether you are an independent contractor or an employee, it sounds like you are owed money. Your options are to try to get paid on your own, file suit on your own, or hire an attorney to try to get you paid or to file suit.

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1 Answer | Asked in Employment Law and Landlord - Tenant for Missouri on
Q: What is a legal eviction? And how many days do you have to leave the property?

I was working for this company for 2 and a half years. At first I was just a kennel tech 8.50/hr when i first started. Few months later they made me kennel manager and on salary for 650.00 till just recently I got fired. Being kennel manager they let me get the house that's on the property. At... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 26, 2019

A "legal" eviction requires a court case and judgment against you before the landlord can have the sheriff execute on the judgment and return possession to the landlord. It sounds like you were given a notice to vacate from the landlord and that the landlord will likely file suit if you... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: I have an issue with my current employer which has made working there stressful on me.

I have an issue with my current employer which has made working there stressful on me. I have put in to leave at the end of April but want to leave sooner. My question is on asking for a severance package. While it would be hard for me to prove unpaid overtime, I am sure the company knows since... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 21, 2019

If you believe you are entitled to unpaid overtime then raise that issue.

Your other issue is whether you ought to try to engage in blackmail. That’s your call but you may find yourself looking for good criminal defense attorney.

1 Answer | Asked in Employment Law for Missouri on
Q: Is it possible to bring the law into a work-related injury when then managers refuse to help fix the issue?

I started working a new job a couple weeks to a month ago, and I started to develop rashes and stuff immediately, I went and talked to one of my managers and they told me that I would still need to work in the kitchen because it might be dry skin. I went to the doctors about it and they told me... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Dec 19, 2019

You may have a claim for failure to accommodate under the Americans with Disabilities Act. To establish this claim, you must prove (1) you are a qualified individual with a disability; (2) your disability was known by your employer; and (3) your employer failed to make a reasonable accommodation... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Medical Malpractice for Missouri on
Q: Can you sue a doctor for a failed back surgery it was during a workers compensation claim

I was injured at work and was told that I needed back surgery because I had a compressed disc so I went through with it and it didn't help at all now I have scar tissue that prevents me from having any further surgeries to help me this was during a comp case I am disabled now and the doctors... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 26, 2019

I'm sorry for your ordeal with your injury and ensuing surgery. Unfortunately, an attorney can't really make a call on this based on these brief facts, despite the admission made by the doctor you describe. What they can do is request your medical records, including diagnostic imaging... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: How do I look up a labor lawsuit that I was a payee of?

I used to work for a restaurant that got sued for a labor law infringement and I don’t know what law firm was hired on behalf of all plaintiffs in the case. I should have received my settlement by now, in the mail, in the form of two checks. Where is it?! How do I find out what the total... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 11, 2019

For federal suits check Pacer. For Missouri state court check Casenet.

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