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Missouri Employment Law Questions & Answers
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 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

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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1 Answer | Asked in Employment Law and Libel & Slander for Missouri on
Q: If your employer fires you for something you are accused of, without proof you did anything wrong, can you sue?

I worked for a major hospital as a security officer. During this time a very violent juvenile patient came in, and we had to take physical measures to stop her from hurting staff. After the situation was resolved, I received several complaints against me from medical staff claiming I used excessive... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Dec 3, 2024

Unless you are a union employee, you are an at will employee, and as such can be fired at any time and for any reason, or even no reason at all. Accordingly, what you describe is not a wrongful termination. I recognize that to most laypeople the term wrongful termination would apply to any case... View More

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

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 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 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 Civil Rights, Constitutional Law and Employment Law for Missouri on
Q: can a job not hire a person based off a tattoo when their company polices dont say anything about tattoo
James L. Arrasmith
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answered on Jan 15, 2024

In the United States, companies generally have the discretion to set their own dress code and appearance policies, which can include restrictions on visible tattoos. However, if a company does not have a specific policy regarding tattoos, making a hiring decision solely based on a person's... View More

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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

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".

Robert Grant Pennell
Robert Grant Pennell
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

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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 and Intellectual Property for Missouri on
Q: I need a legal advice and a lawyer if possible. And also which law does it come under?

It's is for an friend, when she resigned her old job she did a factory reset on the laptop and returned it. Because the company manager did not notify her how to return it, in spite of her asking him. And now he is asking her to pay for the forensic on the laptop. Anything helps please.

James L. Arrasmith
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answered on Feb 15, 2025

This situation falls under employment and contract law, specifically dealing with company property and termination procedures. It's crucial to note that your friend made reasonable attempts to get proper return instructions, which demonstrates good faith on her part.

The factory reset...
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1 Answer | Asked in Employment Law for Missouri on
Q: Returning laptop to company as they provided.

After my friend left from her previous job she factory reset her laptop before returning it to the company as they provided her. And now that company is trying to file a case on her to pay for forensic on the laptop. I need a legal advice on the issue like how she should take next steps

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 12, 2025

The company either filed a case or it has not yet filed the case. I assume the company would sue under Missouri's computer tampering statutes, Mo. Rev. Stat. 537.525. She should hire an attorney before the situation goes terribly wrong.

1 Answer | Asked in Employment Law, Election Law and Gov & Administrative Law for Missouri on
Q: Can someone hold an elected position if the have previously violated Rsmo 150.4855
Robert Grant Pennell
Robert Grant Pennell
answered on Jan 23, 2025

Since there is no such Missouri statute, I would think that they probably can. I suggest that you be more careful typing statutory cites in order to get your question answered.

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