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Missouri Employment Law Questions & Answers

1 Answer | Asked in Contracts, White Collar Crime and Employment Law for Missouri on

Q: My county's salary commission is looking to make a salary "correction" for salaries that were not adjusted in 2007.

They acknowledged this issue in 2009. They now claim the county is liable to be sued. They had the same argument in 2009, but the commission decided retroactive pay was unconstitutional. Having acknowledged this more than 5 years ago, does that mean the statute of limitations has run out for anyone... Read more »

Kevin Webb answered on Nov 27, 2017

You may be right. It may be too late. You should check with a lawyer and see what that attorney says.

1 Answer | Asked in Criminal Law, Employment Law and Domestic Violence for Missouri on

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?

The conviction was in Washington State and I haven't been in any trouble since.

Andrea Rogers answered on Nov 4, 2017

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... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on

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

Who to report it to? It involves medical conditions and how a boss handled two employees very differently who are same level and same job only difference is gender and marital status. One employee was given the world and the other was punished and demoted plus had private information medical... Read more »

William Head answered on Aug 20, 2017

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:...
Read more »

1 Answer | Asked in Collections, Employment Law, Public Benefits and Tax Law for Missouri on

Q: I collected Unemployment in the state of Massachusetts in 2006-2007.

I was found to not be eligible for the unemployment benefits. I appealed the decision and I lost so I immediately repaid the amount I was given. During the appeals process the state charged me interested on what I owed. At the time I was appealing the decision was living in another state (MO) and... Read more »

Marshall Jason Ray answered on Apr 28, 2016

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... Read more »

1 Answer | Asked in Employment Law for Missouri on

Q: I have accrued PTO earned as a non-exempt employee. Do I have a right to that PTO.

I work in Missouri and received a promotion causing a move from non-exempt to exempt employee. There is not change in job duties. To I have a right to have the PTO paid out. My employer doesn't track PTO for exempt employees.

Marshall Jason Ray answered on Mar 19, 2016

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.

1 Answer | Asked in Employment Law, Military Law and Traffic Tickets for Missouri on

Q: Speeding ticket amended to "no muffler", job website asks if I've been cited for a moving violation, what do I answer?

A few months ago I was ticketed for speeding. I got a lawyer to go to court and she got it changed to what the receipt says, "no muffler". I'm filling out my profile for a job website and it asks if I have been cited for a moving traffic violation in the past 5 years. Do I say yes or no? I was... Read more »

Richard C Simons answered on Jan 20, 2016

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... Read more »

1 Answer | Asked in Employment Law for Missouri on

Q: can an incoming company terminate independent contractors without any notification whatsoever?

I was an independent contractor delivering pharmaceuticals to nursing homes for a private pharmacy until three weeks ago.

The president of the logistics business I was contracted through informed me in july that at the end of the month, when the current contract expired, another company... Read more »

Robert Jason De Groot answered on Sep 6, 2015

The contract expired, right? You have to have an attorney read the contract and advise you.

1 Answer | Asked in Divorce, Employment Law, Family Law and Immigration Law for Missouri on

Q: Can my husband cancel my H4 visa before applying for divorce? If so how long can i stay in USA legally?

Hello,

I am on H4 visa and recently got EAD approval notice. My husband is on H1B, he has applied for Green Card and got his I 140 approved.

I am planning for Divorce as i am emotionally abused by my husband. Is there any way where i can stay in the United States legally?... Read more »

Shan Dimitris Potts answered on Aug 18, 2015

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... Read more »

1 Answer | Asked in Employment Law for Missouri on

Q: Am I entitled to overtime at time and a half over 40 hrs

Charles Snyderman answered on Jun 1, 2014

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.

1 Answer | Asked in Employment Law for Missouri on

Q: Does an email confirmation of terms of employment constitute a contract?

Went to a small firm looking for freelance work, Was hired as a Marketing VP by the owner of the small firm. I requested a written confirmation of the offer via email that included a review at 3 months. This was sent by VP of Finance. Two months later, owner said the terms of employment were... Read more »

Neal J. Wallace answered on Feb 15, 2012

You should have the actual language reviewed by an attorney. Most employment is "employment at will" even if there are certain terms agreed upon. In an employment at will situation, either you can quit and the employer can fire you at any time for any reason except for a short list of illegal... Read more »

1 Answer | Asked in Employment Law for Missouri on

Q: How many garnishments can an employer withhold from an employee in the state of MO

Todd Christopher Werts answered on Mar 14, 2011

Generally speaking, one at a time. There is no limit on how many an employer may process over time, but the garnishment lien attaches to all of the wages. There are limits on what percentage can be withheld from any one check that depend on the nature of the garnishment (is it child support?) and... Read more »

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