Missouri Employment Law Questions & Answers
Q: My employer refused my request for reasonable accommodation and then wrongfully fired me just a week after I got ASA
Peter N. Munsing's answer
Look for a member of the Mo. Assn for Justice who handles employment cases--they give free consults.
Look for a member of the Mo. Assn for Justice who handles employment cases--they give free consults.
Q: I applied for a company, they called my current employer. Then I was fired. What can I do?
Ronald J. Eisenberg's answer
Unfortunately for you, unless you have an employment contact that provides otherwise you are an employee at will and your current employer was free to fire you, just as you would have been free to quit had things worked out as your were planning when you applied for a job elsewhere.
Unfortunately for you, unless you have an employment contact that provides otherwise you are an employee at will and your current employer was free to fire you, just as you would have been free to quit had things worked out as your were planning when you applied for a job elsewhere.
Q: I feel I'm being harrased at work because my disability. Can I sue?
Ronald J. Eisenberg's answer
You must get your right-to-sue letter first. Confer with a local employment law attorney. These cases are tough and without an attorney your odds of success are slim.
You must get your right-to-sue letter first. Confer with a local employment law attorney. These cases are tough and without an attorney your odds of success are slim.
Q: Can an employee be given a verbal warning for something and a month later be told it was a final warning in Missouri?
Ronald J. Eisenberg's answer
Missouri is an employment at will state. Employers don’t have to be nice or fair, they just cannot discrimination on the basis of race, religion, sex, etc. You haven’t articulated any facts suggesting unlawful discrimination.
Missouri is an employment at will state. Employers don’t have to be nice or fair, they just cannot discrimination on the basis of race, religion, sex, etc. You haven’t articulated any facts suggesting unlawful discrimination.
Q: As a salaried employee for a recreational, non for profit, am I owed overtime pay, if company will not hire more staff?
1 Answer
| Asked
in
Employment Law and Workers' Compensation
for
Missouri
on
Answered on Apr 26, 2018
Answered on Apr 26, 2018
Ronald J. Eisenberg's answer
The issue is whether you are exempt from overtime pay under the FLSA. It depends on your job.
https://webapps.dol.gov/elaws/elg/minwage.htm#who
The issue is whether you are exempt from overtime pay under the FLSA. It depends on your job.
https://webapps.dol.gov/elaws/elg/minwage.htm#who
Q: My employer garnish money from my paycheck for child support without verifying who it was for
Ronald J. Eisenberg's answer
I don't understand your post. If you owe child support, I would think that you are aware of that fact. Regardless, your employer isn't going to withhold funds for child support unless it received legal process requiring it to do so. Ask your employer to see the document that was served.
I don't understand your post. If you owe child support, I would think that you are aware of that fact. Regardless, your employer isn't going to withhold funds for child support unless it received legal process requiring it to do so. Ask your employer to see the document that was served.
Q: If I am fired am I entitled to the vacation time that i have earned?
Ronald J. Eisenberg's answer
Unfortunately not, unless you have an employment contract that provides you with the right to pay for unused vacation.
Unfortunately not, unless you have an employment contract that provides you with the right to pay for unused vacation.
Q: Can a company ask me to be on site but not pay me?
Ronald J. Eisenberg's answer
Depending upon your employment classification, you might have a decent claim for 15 minutes of pay.
Depending upon your employment classification, you might have a decent claim for 15 minutes of pay.
Q: Can an employer fire someone for not having enough sales in rewards memberships for customers?
Ronald J. Eisenberg's answer
Yes. Missouri is an employment at will state. Absent a contract with terms to the contrary, an employer can fire someone for any reason other than race, religion, national origin, and other "protected classes." An employer is not required to be fair. On the flip side, an employee can quit for any reason.
Yes. Missouri is an employment at will state. Absent a contract with terms to the contrary, an employer can fire someone for any reason other than race, religion, national origin, and other "protected classes." An employer is not required to be fair. On the flip side, an employee can quit for any reason.
Q: I deleted emails when I left my employer. Can they do anything to me or just pull them from the server
Ronald J. Eisenberg's answer
It is unclear what you deleted but what you did could potentially be very serious and costly if the employer sues you under the Missouri or federal law for computer tampering. Here's the Missouri statute:
537.525. Tampering with computer data, computer equipment, or computer users — damages — attorney fees, certain expenses, awarded when. — 1. In addition to any other civil remedy available, the owner or lessee of the computer system, computer network, computer program,...
It is unclear what you deleted but what you did could potentially be very serious and costly if the employer sues you under the Missouri or federal law for computer tampering. Here's the Missouri statute:
537.525. Tampering with computer data, computer equipment, or computer users — damages — attorney fees, certain expenses, awarded when. — 1. In addition to any other civil remedy available, the owner or lessee of the computer system, computer network, computer program,...
Q: My county's salary commission is looking to make a salary "correction" for salaries that were not adjusted in 2007.
1 Answer
| Asked
in
Contracts, White Collar Crime and Employment Law
for
Missouri
on
Answered on Nov 27, 2017
Answered on Nov 27, 2017
Kevin Webb's answer
You may be right. It may be too late. You should check with a lawyer and see what that attorney says.
You may be right. It may be too late. You should check with a lawyer and see what that attorney says.
Q: I pled guilty to a domestic violence charge in 1988. I'm now applying for a job at a school, should I report it?
1 Answer
| Asked
in
Criminal Law, Employment Law and Domestic Violence
for
Missouri
on
Answered on Nov 4, 2017
Answered on Nov 4, 2017
Andrea Rogers' answer
The conviction will show up on your criminal record, so your best option is to disclose it on your application if they ask about your criminal history, and explain what happened and how you have changed your behavior since that time. The fact that it was so long ago and you have had no legal trouble since that time will be very helpful to you. It's always best to disclose your criminal history in advance so you can provide an explanation, rather than say nothing and have it show up on your...
The conviction will show up on your criminal record, so your best option is to disclose it on your application if they ask about your criminal history, and explain what happened and how you have changed your behavior since that time. The fact that it was so long ago and you have had no legal trouble since that time will be very helpful to you. It's always best to disclose your criminal history in advance so you can provide an explanation, rather than say nothing and have it show up on your...
Q: I need help about weather a situation at a job is discrimination and weather it is illegal? If it is I also need to know
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Missouri
on
Answered on Aug 20, 2017
Answered on Aug 20, 2017
William Head's answer
Too little detail to know about this. Very small businesses are not held to same standards as larger companies, that affect Interstate Commerce.
Best bet is to seek a FREE consultation with an employment attorney. Use this link:
http://attorneys.superlawyers.com/employment-law-employee/missouri/
Too little detail to know about this. Very small businesses are not held to same standards as larger companies, that affect Interstate Commerce.
Best bet is to seek a FREE consultation with an employment attorney. Use this link:
http://attorneys.superlawyers.com/employment-law-employee/missouri/
Q: I collected Unemployment in the state of Massachusetts in 2006-2007.
1 Answer
| Asked
in
Collections, Employment Law, Public Benefits and Tax Law
for
Missouri
on
Answered on Apr 28, 2016
Answered on Apr 28, 2016
Marshall Jason Ray's answer
You were caught in the Treasury Offset Program -- TOP. TOP has become one of the primary avenues for states to collect outstanding unemployment overpayments. Generally speaking, this program is legal, as long as the state agency using it follows the various requirements of federal law. Child support arrears are swept from tax refunds through TOP as well. Challenging a TOP sweep is very difficult to do because it typically only happens if the debt is established, final, and past the...
You were caught in the Treasury Offset Program -- TOP. TOP has become one of the primary avenues for states to collect outstanding unemployment overpayments. Generally speaking, this program is legal, as long as the state agency using it follows the various requirements of federal law. Child support arrears are swept from tax refunds through TOP as well. Challenging a TOP sweep is very difficult to do because it typically only happens if the debt is established, final, and past the...
Q: I have accrued PTO earned as a non-exempt employee. Do I have a right to that PTO.
Marshall Jason Ray's answer
The answer to this question depends on your employer's policies. If you are a government employee, civil service laws might determine whether and under what circumstances accrued leave can be used or paid out. By and large, you must look at your employer policies.
The answer to this question depends on your employer's policies. If you are a government employee, civil service laws might determine whether and under what circumstances accrued leave can be used or paid out. By and large, you must look at your employer policies.
Q: Speeding ticket amended to "no muffler", job website asks if I've been cited for a moving violation, what do I answer?
1 Answer
| Asked
in
Employment Law, Military Law and Traffic Tickets
for
Missouri
on
Answered on Jan 20, 2016
Answered on Jan 20, 2016
Richard C Simons' answer
This is new to me to see the word "cited" instead of "convicted." Since the word, "cited" is what is used, you have been cited with a speeding ticket. You received a citation from the officer but were not convicted by the court. The big deal is if you lie in this situation. Better to just tell them you have received a citation.
www.speedingticketkc.com
This is new to me to see the word "cited" instead of "convicted." Since the word, "cited" is what is used, you have been cited with a speeding ticket. You received a citation from the officer but were not convicted by the court. The big deal is if you lie in this situation. Better to just tell them you have received a citation.
www.speedingticketkc.com
Q: can an incoming company terminate independent contractors without any notification whatsoever?
Robert Jason De Groot's answer
The contract expired, right? You have to have an attorney read the contract and advise you.
The contract expired, right? You have to have an attorney read the contract and advise you.
Q: Can my husband cancel my H4 visa before applying for divorce? If so how long can i stay in USA legally?
1 Answer
| Asked
in
Divorce, Employment Law, Family Law and Immigration Law
for
Missouri
on
Answered on Aug 18, 2015
Answered on Aug 18, 2015
Shan Dimitris Potts' answer
If you file for divorce your H4 visa becomes invalid which directly means your EAD will also become invalid. So you would not be able to stay in the US legally, I see you mentioned your husband emotionally abused you. If it was physical abuse and if it involved any violence you will be able to apply for a special visa called an U-visa, which will allow you to stay in the country legally. All the best.
"15 years of successful immigration law experience. The answer above is only general...
If you file for divorce your H4 visa becomes invalid which directly means your EAD will also become invalid. So you would not be able to stay in the US legally, I see you mentioned your husband emotionally abused you. If it was physical abuse and if it involved any violence you will be able to apply for a special visa called an U-visa, which will allow you to stay in the country legally. All the best.
"15 years of successful immigration law experience. The answer above is only general...
Q: Am I entitled to overtime at time and a half over 40 hrs
Charles Snyderman's answer
Unless an exemption applies, an employee is entitled to one and one-half times the employee's regular pay once the employee works more than 40 hours in a regular work week. The 4 main exempt categories are executive, administrative, professional and outside sales.
Unless an exemption applies, an employee is entitled to one and one-half times the employee's regular pay once the employee works more than 40 hours in a regular work week. The 4 main exempt categories are executive, administrative, professional and outside sales.
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