Missouri Q&A by Practice Area

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1 Answer | Asked in Employment Law for Missouri on
Q: Does my employer have to pay me wage for time spent training for the job?

I live and work in St louis mo. My employer refused to pay me any sort of wage for the first 1.5 months of my employment stating that he didnt have to since i was in "training" but i was normally here alone running everything. I work approximately 57 hours a week. I was allowed to keep only my tips.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 7, 2021

The short answer is "yes," you generally should be paid for training and I believe you might have a strong claim to assert. Whether you are a tipped employee may determine the wage due. Contact an attorney in the St. Louis area to discuss representation in going after your employer for... Read more »

1 Answer | Asked in Legal Malpractice for Missouri on
Q: Attorney dropped me without valid cause. I cannot find another atty. Does the firm have responsibility to represent me?

My attorney has put my current legal case in jeopardy. I cannot find other representation nor do I have the money to start over. This attorney exhibited lack of knowledge of my case, he miscommunicated terms, and was not transparent in relaying settlement terms. He pushed the agenda of opposing... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 6, 2021

If a lawsuit has been filed then the attorney needs to file a motion to withdraw and the court must grant the motion before the attorney is off the case. You may oppose the motion to withdraw; however, given your dissatisfaction with the attorney I don’t believe you’ll be satisfied with... Read more »

1 Answer | Asked in Products Liability for Missouri on
Q: Can u sue a candy company for getting addicted to candy if it's interfering with your health
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 6, 2021

Anyone can sue anyone for anything. That doesn’t mean you have a viable claim. I don’t believe such a suit would go far but you are free to sue.

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Missouri on
Q: If a jury finds someone guilty on a case that was dismissed prior to trial, what does that exactly mean?

There was two case numbers, one number apart from each other. The case the verdicts were issued on is the case that was dismissed

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 6, 2021

It means that you are missing something. Juries do not decide dismissed claims. It wouldn’t make sense for a jury to issue a verdict on a dismissed claim.

1 Answer | Asked in Criminal Law for Missouri on
Q: I've got a warrant for possession in missouri from several years ago will it ever go away? I drive a truck and go thru

there a lot I've been pulled over in other states but they say missouri want extraordite what is my best course of action

Andrea Rogers
Andrea Rogers answered on Oct 4, 2021

The warrant will never go away until you take care of it. It will show up on criminal background checks, and may cause problems for you if you ever travel outside of the U.S. You can hire an attorney to lift the warrant and represent you for the Possession charge. If you hire an attorney, you... Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Can my landlord use vulgar speech when talking to me

My landlord walk in my apartment who is that hoe in the bedroom I find that offisive and harassment

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 1, 2021

It is generally not unlawful for a landlord to use vulgar speech. Once it comes time to renew your lease, you might want to consider not renewing in order to find a better landlord.

1 Answer | Asked in Medical Malpractice for Missouri on
Q: How much does an attorney usually charge to take on a case. For medical malpractice
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 1, 2021

Because medical negligence cases are so expensive, few plaintiffs pay their attorney by the hour. Rather, most attorneys who practice in this area of law represent clients on a contingency basis, meaning the attorney gets paid from the defendant if the case is a success.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Does cashing a security deposit refund mean I agree with the amount?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 1, 2021

Generally not, but there are exceptions. Read your lease. Also pay attention to whether the back of the check contains an endoresement indicating that you are accepting the security deposit as payment in full.

1 Answer | Asked in Car Accidents for Missouri on
Q: How do I get damage compensation from at fault auto insurance company after car is not in my possession anymore?

Had an accident 2 years ago in which the other party was at fault. Their insurance company refused to pay but now will. I don't have possession of the car as it's long after but I do have estimates and pictures.

Tim Akpinar
Tim Akpinar answered on Sep 28, 2021

A Missouri attorney could advise best, but your question remains open for a week. As a general matter, they don't really care if you still have the car or not. It's likely that their property damage adjuster inspected the vehicle at the collision shop around the time of the accident. If... Read more »

1 Answer | Asked in Real Estate Law and Divorce for Missouri on
Q: From Missouri…Does my ex have to split a mortgage company refund check made out to him only? More info below…

My ex & I are recently divorced. We sold our home, it was financed in his name only but titled in both. Do we split a refund check from the mortgage company made out to him only? I certainly hope so because my income was used the whole time to make the mortgage payment. Please advise, I... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 24, 2021

There is no general rule in real estate pertaining to this situation. This issue should have been addressed in your asset split in the divorce. Your family law attorney should be able to answer this question, or the answer should be in your marital settlement agreement.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I have military orders to move w/in 20 days. With joint custody. Can I take our children?

Moving to WA on 3yr orders. I allowed to bring my children. I have primary custody. NC has weekend visitation.

Spencer Williams
Spencer Williams answered on Sep 24, 2021

You should closely review and comply with the terms of your Judgment or Order that established your custody. Missouri has a relocation requirements and notice in every custody judgment and parenting plan. I suggest you review and strictly comply with the relocation notice requirements.

1 Answer | Asked in Family Law for Missouri on
Q: We have 3 kids, 10, 7, 4 years old, we are married, I haven't worked for 5 years to stay with kids.

We didn't really lived together for the last 5 years, he would visit, because he has a business abroad, and he would come and go every month or two weeks. Now we moved all together to Missouri, but he hasn't given me any money since May 2021, and I have been using my personal savings for... Read more »

Spencer Williams
Spencer Williams answered on Sep 24, 2021

If you have been in Missouri for at least 90 days, you can file a Petition for Dissolution or Legal Separation with the court and after your spouse is served with the Petition and accompanying documents then request temporary (also called Pendente Lite or PDL) Orders be entered regarding custody,... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: We’re in Missouri on a farm. We want to put up a permanent property line fence on our south border to hold livestock.

Our neighbor refuses to pay half, says he does not have the money and doesn’t need a permanent fence since his stock is trained to electric fence. Said he will just go back 10 foot and install his electric fence. Is that a way to avoid paying his half of costs ?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 24, 2021

There is no legal requirement that neighbors who share a property line share the cost of installing a fence.

1 Answer | Asked in Probate for Missouri on
Q: Do I have to be there to sign for the sale of the house that was willed to me and my brother my sister
Lloyd M. Nolan
Lloyd M. Nolan answered on Sep 24, 2021

That question cannot be adequately answered without more information, such as: Is this actually "willed" to you and your brother and sister, OR is has it actually passed to you immediately by virtue of a non-probate transfer device, such as a Beneficiary Deed. Is there actually an open... Read more »

1 Answer | Asked in Traffic Tickets for Missouri on
Q: Why can't I pay my ticket online?

I got a ticket for expired tags on 8/21/21. The highway patrolman said I could pay the ticket online. It's been way past the 10 day waiting period and the ticket is supposed to viewable online to pay, however when I enter my ticket number I keep getting the message that my ticket is with the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

They may be wanting a fix it on this ticket. You may need to go to court to pay the fine.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can a neighbor sue the HOA for them putting a lien on the property over tree trimming in this case?

My HOA president is verbally saying that townhouse owners are responsible for tree trimming. The "community handbook" I was provided when I purchased the townhome 3 months ago very clearly says the HOA is responsible if the tree is 5' away from the unit. The covenants are vague and... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 21, 2021

Anyone can sue for anything. The neighbor could sue for slander of title regarding the lien. There is no guaranty that the neighbor will win, however, and I have a hunch that the HOA's declaration has a one-sided attorneys' fee provision. That means if the HOA wins in litigation it can... Read more »

1 Answer | Asked in Business Law for Missouri on
Q: Do I need a translator to transclude a contract

If bifurcation is a breach of contract

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 20, 2021

Your post is not well written. I think you need some help.

2 Answers | Asked in Employment Law and Civil Rights for Missouri on
Q: Can I be audio recorded without consent in a 2 party consent state?

I deliver in Illinois, a 2 party consent state. I wasn't made aware that the video camera in my vehicle records audio until I found out last week. I also deliver in Missouri. Would it be worth it to sue my employer since I signed no agreement and wasn't verbally notified my audio was... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 19, 2021

Whether it is worth suing will depend upon the following:

1. What is your goal?

2. How much will it cost to sue?

3. What are your chances of prevailing?

4. What damages would you be awarded if you win,

5. Does the IL statute have a provision entitling you to...
Read more »

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1 Answer | Asked in Car Accidents and Real Estate Law for Missouri on
Q: the neighbors tree is encroaching into our parking area. It’s a huge sycamore tree. Are they liable if it falls on car?

the sycamore is huge. We have only been in the condo for two years. They were going to cut it but decided to have us pay for it.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 18, 2021

They are liable if the tree falls, you sue, and you prove negligence. For example, is the tree dying or is it just large?

2 Answers | Asked in Immigration Law for Missouri on
Q: How can I marry my immigrant girlfriend of 2 years whom is in St.louis county jail currently?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 17, 2021

You need to ask the prison officials on the protocol of marrying its inmate.

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