Limited Site Map
Main Articles, with detailed descriptions
These Articles will introduce you to many of your Missouri Employee Rights.
CATEGORIES OF ARTICLES
Jump to each or just scroll down the page
Introductory Topics – Guides
How to use TimsLaw.com, FAQ, Steps to Consider when Fired, Service Letter, “At-Will” Employment, Deficiencies in the Employment Laws, Job Seeker Tips, and Tips for Human Resources and management
Wrongful Termination, Retaliation, Discrimination, Hostile Environment, Harassment, Workers comp trouble, Safety-OSHA complaints
Avoiding BIG Traps
Being forced to quit (Constructive Discharge), Making Complaints about Unfair Treatment, Government Employees and short deadlines
Contracts – Non-Competes – Severance – Waiver
Employment Agreements Generally (Oral and Written), Physician Contracts, Specialty Contracts, Non-Competes, Severance-Waiver-Separation Agreements
Pay and Benefits issues
Wage problems, Unpaid Final Wage Penalty, FMLA (Family Medical Leave), Commission problems, Vacation and Sick Pay problems, ERISA-COBRA-HIPAA and Continuation of coverage
What an employment lawyer is and how to find one, Things I like to see in cases, Deficiencies in our employment laws, Pros and Cons of litigation, Timeline of lawsuits
Other Employment Law Topics
Defamation, Whistleblower, Drug Testing, Handbooks, Honesty Issues, Unemployment Appeals, Resume Problems, etc…
About Tim, Directions, Inquires, Services
Who is Tim? How I handle inquiries, Procedure for consulting, Fees and Services, Directions to my office
How I learned to build websites, Problems with older version web browsers, Accessibility notes
Uncategorized and Non-legal stuff
Introductory Topics – Guides
- How to use TimsLaw.com – Points you to the resources available on this site and gives tips on how to use the info you obtain.
- Been fired? Steps to consider – If you’ve lost your lob, there are certain things you could consider doing, and certain rights you could consider exercising, and certain Articles on this site that could be of interest to you.
- Job Problem FAQ – Answers some questions about employment law and points you at specific Articles on this website that explore related employment law topics in more detail.
- How to get a Service Letter – The “Missouri Service Letter” is one of the few good tools available to Missouri employees. Find out what it is, why it’s a good tool, and how to properly request one.
- “At Will” employment – “At Will” employees have lots of legal rights. This Article describes what the common term “At-Will Employment” or “Employment At-Will” really means.
- The Sorry State of our Employment Protections – Lists many of the ways in which the employment-related laws are deficient for residents of Missouri. This article will destroy some common misconceptions about the degree to which the employment laws protect us.
- Should I sue? – Introduction to the main considerations, with a roadmap to other resources on this website that might help you understand the complexity and difficulty of the decision.
- Tips for job seekers – I have collected a list of high quality employment information websites, and provided some quick tips for job seekers that I hope will help some people get back on their feet or just avoid digging themselves a deeper hole.
- The Top Ten articles viewed by visitors – Some people may find it helpful to see what other people have been interested in viewing, in helping them decide what they might want to review.
- Tips for Missouri Human Resources and small business – Tips and links regarding Missouri human resources practices and policies, settlement, mediation, arbitration, non-competes, etc., and approaches to resolving employment law disputes, that might help prevent trouble or save some money if trouble occurs.
- Wrongful Termination – Discussion of what makes a termination legally “wrongful”, rather than merely unfair.
- Retaliation – Your rights may be strong if you engage in “protected activity” and get retaliated against.
- Discrimination – EEOC, MCHR, filing charges, Right to Sue, Title VII, Section 1981, Equal Pay Act, Missouri Human Rights Act.
- Hostile Work Environment – Tips and traps in dealing with abusive and unfair work environments. Lawyers look at the law of retaliation, discrimination, contracts and constructive discharge to try to help you.
- Sexual Harassment – Types of sexual harassment; rights and procedures.
- Harassment generally – Lots of people feel “harassed.” Here’s some info to help determine if the law might be able to do anything for you.
- Safety, OSHA complaints and Retaliation – If a safety problem occurs at work, and you complain about it to the employer or to OSHA, watch for retaliation.
- Workers Comp Retaliation – These are really tough cases – the problem of the “exclusive cause” requirement; reforms needed.
- Adverse Employment Action – Rights are strongest if the mistreatment rises to the level of “Adverse Employment Actions”
Avoiding BIG Traps
Pay and Benefits
- FMLA (Family Medical Leave Act) – Medical leave disputes, denial of leave, tips and traps for protecting your rights if you need FMLA leave.
- Overtime – Comp Time – Are you really “exempt”? “Comp time” is illegal for “non-exempt” workers. Salaried workers can get overtime, but there are some problems.
- More Overtime – Tim rants about some proposed changes to overtime laws.
- Unpaid Final Wages – All wages are due upon being fired – trigger a penalty if they didn’t pay.
- Wage Disputes – Not being paid right, offsetting, Minimum Wage info, lack of a Wage Payment and Collection Act.
- Commission Disputes – The Merchandising Practices Act gives some help to commissioned salespersons.
- Vacation and Sick Pay – The employer refused to pay your accrued vacation or sick time when you left.
- Summary of COBRA, ERISA, HIPAA and Continuation rights – HIPAA Portability and Health information privacy, Continuation of coverage rights under COBRA and Missouri law, ERISA info and links.
Background Info – Tips
Other Employment Law Topics
- Defamation and Slander – What “Defamation” and “Slander” really are in Missouri, plus Missouri Reference Letter law.
- Drug Testing – What lawyers look for when you say you’re the victim of a false positive drug test.
- Employee Rights – This is a listing of many of our Employee Rights, with links to Articles on my own site that talk about the same rights, or links to government websites with more info about the rights.
- Handbooks – Employment manuals and personnel policies – are the promises enforceable?
- Honesty Issues – Things to look for when falsely accused of dishonesty, or your honesty is questioned.
- Labor Law – Difference between labor law and employment law, grievances, Breach of Duty of Fair Representation, NLRB info.
- Mediation at EEOC or Court – Introduction to the mediation process, where most employment cases settle.
- Mental Health – Stress and Depression and Job Problems
- Missed Deadlines – Tips and info if you fear you missed a deadline. All is not necessarily lost.
- Personnel Files – About seeing your personnel or employment file in Missouri.
- “Pro Se” filings – Filing a lawsuit without having a lawyer.
- Quitting your job – Get legal advice first. Things to think about and links to other sources of info to consider before you quit.
- Resume Problems – Fired for resume fraud, After Acquired Evidence of Misconduct Doctrine, various types of resume or job application problems.
- Service Letter – It’s a good tool. What it is and how to get one.
- Small Claims Court – Info about Missouri Small Claims Court.
- Unemployment Appeals – How the process works, with tips and cautions.
- Weak whistleblower protections for state employees in RSMo 105.055 – Deconstructing and criticizing a statute, to illustrate how a protective law can be drafted so weakly that the law fails to provide meaningful protections.
- Whistleblower protections generally – What “whistleblowing” is, with some specific info to complement the general info in the Retaliation and Wrongful Termination articles.
About Tim, Directions, Inquiries, Services
***** END OF ARTICLE *****
Timslaw.com Missouri Employment Law
Maintained by Attorney Phil Willoughby
Founded by Tim Willoughby, Esq. (1959-2013)
Phil is a Missouri employment lawyer who is licensed to practice in Kansas and Missouri, and primarily takes cases in Saint Louis and Kansas City.
He is a member of the Missouri Bar Association and Kansas Bar Association.
Additionally, he has practiced in the United States Federal Courts of Missouri in St. Louis and Kansas City.
He has also practiced in the Kansas Federal District Court in Kansas City, Kansas.
Missouri Bar Website (To view the directory of lawyers).
Phil Willoughby, Attorney
Licensed in Missouri and Kansas
Kansas City Office:
GUNN, SHANK & STOVER, P.C.
9800 NW Polo, Suite 100
Kansas City, MO 64153
Google Map of 9800 NW Polo, Kansas City, MO 64053
St. Louis, MO Office:
St. Louis: 314-729-7750
Kansas City: 816-454-5600
Website - www.TimsLaw.com
Detailed Directions to Phil's office
Info about contacting the Willoughby Law Firm
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