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Missouri Employment Law Questions & Answers
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 a...
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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 »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 29, 2020

She should discuss all of the facts with an attorney but in general an employer cannot refuse to pay an employee simply because the employer is not satisfied with the quality of the work.

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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 don't... 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 say... 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 studies, and... 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.

1 Answer | Asked in Employment Law for Missouri on
Q: Is it legal to force employees to take a day of PTO for a holiday in which the business is closed?

My friend is a nurse that works for a Sisters of Mercy clinic in the state of Missouri. Every major holiday, such as Fourth of July, Thanksgiving, Christmas, etc., the clinic is closed but the nurses are forced to take a day of PTO for the "missed" day, even though the department made the choice to... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 19, 2019

Unless your friend is subject to a contract that her employer is breaking, it is "legal." An employer is generally not required to give any paid time off in Missouri.

1 Answer | Asked in Employment Law for Missouri on
Q: I work in an office and my boss will only let us use the bathroom on our 15 minute breaks. Is that legal?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 10, 2019

Not a very good work environment, but yes.

1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Missouri on
Q: Am I being harassed at work? Am I legally in the wrong, or am I right? I need help. Facing being fired.

Recently, I doodled on a medical document and upon finding out that it was prohibited, I told the Dir. of quality control, who then told me "Its okay.It happens" later on an incident with a coworker happened where she thought I posted a Facebook status about her. She kept texting me and I did not... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 30, 2019

You aren’t going to want to hear this, but Missouri is an employment-at-will state. For termination purposes, it’s irrelevant whether your employer is mean or unfair. It cannot fire you on account of race, religion, national origin, etc., but can fire you over believe you did something... Read more »

1 Answer | Asked in Civil Litigation and Employment Law for Missouri on
Q: I worked for a Missouri company. I quit due to disagreements, the owner still has my information on her site.

I now live in Oklahoma. The business in is Missouri, where I lived when I worked there. I have asked for my information to be removed so I will stop getting daily calls and emails for her company. She refuses. It has been since Dec. 2018.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 17, 2019

You didn't ask a question. If you want to know what you can do, my first answer would be to request the removal of your information. But you've already done that. Hire an attorney to write a letter demanding removal.

1 Answer | Asked in Employment Law for Missouri on
Q: Is an employer allowed to offer me a job, tell me to put my two weeks in and never work me?

I applied for a company in the union. They gave me a hard hat and glasses and told me what I needed to buy and for weeks I texted my supervisor who kept telling me “you should start work this week” for weeks.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 2, 2019

The problem for you is that Missouri is an employment-at-will state. That means that had you been hired and started you could have still be terminated the next day simply because the employer changed its mind. For that reason, if you were to file suit you'd face a big obstacle in prevailing. I... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: Do these laws still apply if your jury duty is in a different state than the one you are employed in?

I work in Missouri but live part time in Kentucky. I was called for jury duty in Kentucky. I was told it's possible I could be exempt from jury duty, but I choose to attend. Does my employer have to give me the time off?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 27, 2019

Your Missouri employer cannot terminate you but isn't require to pay you for your missed work time.

494.460. 1. An employer shall not terminate, discipline, threaten or take adverse actions against an employee on account of that employee's receipt of or response to a jury summons.

1 Answer | Asked in Employment Law for Missouri on
Q: Can an employer terminate you once you have submitted your two weeks notice?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 1, 2019

Unless you have a contract providing to the contrary, under Missouri law, yes. On the flip side, unless you have a contract to the contrary, you can quit without providing two-weeks' notice.

1 Answer | Asked in Employment Law for Missouri on
Q: I was told on Friday that I am not receiving my contract back for teaching next year. Next would be my tenure year.

What are my rights to this? She wants my letter of resignation by Monday.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 2, 2019

Absent some right to have the contract renewed, I see nothing legally improper with your employer deciding not to renew. I understand that this is terrible news for you. If you have a written employment contract I think it would be worth hiring an attorney to review it. There may be a provision... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: Ineligible due to missed 4 week report, appealing to Missouri Court level due to missed hearing, do I need lawyer?

I missed my friday afternoon 4 week reporting. I realized it after the fact and on the following Monday I went online and rescheduled it for the next Friday, 1 week after scheduled. I attended that time. I was found to be ineligible due to not reporting (unavailable for work) until I reported. I... Read more »

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

Read this publication from the Court of Appeals. https://www.courts.mo.gov/file.jsp?id=128333 Appeals are complicated and most pro se litigants lose because they fail to file a compliant brief. Hire and attorney with appeallate experience if you can afford one.

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