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Tim's Missouri Employment Law
By Attorney Tim Willoughby
St. Louis Missouri employment lawyer
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Excerpts from posts in the Category of:
MISC JOBLAW TOPICS

Miscellaneous Employment Law topics - Personnel files, Defamation, Drug Testing, Unemployment and other topics that do not fit neatly within the other categories

  1. TITLE: Voting Rights for Missouri Employees contained in RSMo 115.639

    Voting Rights for Missouri Employees - RSMo 115.639 - employers are sometimes required to give 3 paid hours off work to vote, but not always. You must request time off BEFORE election day, and meet the conditions I describe below.
    Missouri employee voting rights are described in Missouri Law RSMo 115.639 . I have copied the […]

    Posted in major category:     MISC JOBLAW TOPICS, ALERTS - NEWS    
    Related articles in:     and


  2. TITLE: ADA Amendment Act of 2008 signed into law - This is a big deal folks

    ADA employment provisions semi-fixed!!! On 9/25/08 President Bush signed S. 3406, The ADA Amendment Act of 2008
    The 2008 Amendments to the ADA are effective January 1, 2009. Here are some links to more info:

    Read the news report of the passage of Senate 3406. This report has a photo of President Bush signing the bill, […]

    Posted in major category:     MISC JOBLAW TOPICS, DISCRIMINATION, ALERTS - NEWS    
    Related articles in:    , and


  3. TITLE: BJC Mandatory Flu Shots

    The BJC health system is mandating flu shots, and I am getting calls and emails about it. Here are my quick and dirty thoughts —-
    I am sorry to have to say the following:

    Assuming that BJC’s order for flu shots applies to everyone under its control, or at least to large groups rather then selected individuals, […]

    Posted in major category:     MISC JOBLAW TOPICS, ALERTS - NEWS    
    Related articles in:    , and


  4. TITLE: 2008 Missouri legislature would weaken employee rights in SB 1046 and HB 1858

    Missouri Legislature is trying to weaken Employees’ legal rights in 2008
    Two bills are being considered which threaten Employees’ rights, SB 1046 and HB 1858
    The two bills are designed to make it more difficult for employees to win cases.
    SB 1046 would weaken our whistleblower protections. In one part, it would take the “Exclusivity” standard of proof […]



  5. TITLE: CASE: Municipal employment contracts must be approved by the Governing Board in final form

    Municipal employment contracts must be approved by the Governing Board of the entity in the final form
    Court of Appeals decided an employment contract between a municipal corporation (hospital) and its CFO was unenforceable because the Board did not specifically approve the final agreement.
    The case is Langlois v. Pemiscot Memorial Hospital, No. 26851 (Mo. App. S.D., […]

    Posted in major category:     MISC JOBLAW TOPICS, CONTRACTS GENERALLY, ALERTS - NEWS    
    Related articles in:     and


  6. TITLE: Demystifying Missouri Unemployment Claim and Appeal Process

    Demystifying Missouri Unemployment Claim and Appeal Process
    This article is a companion to my Missouri Unemployment Appeals Tips article.
    Here is the flow of an Unemployment Claim, as it works its way through the intake process and then through the three types of Appeals
    THE INITIAL CLAIM

    START: Start your claim on the internet. Answer some basic questions on […]

    Posted in major category:     MISC JOBLAW TOPICS, ALERTS - NEWS    
    Related articles in:     and


  7. TITLE: Finding what Missouri Employment - related legislation is currently pending

    It’s easy to get an idea of what Employment Related legislation is currently pending in Missouri
    The mere fact that a bill is pending does NOT mean it will pass. The great majority of bills die. But here’s an easy way for you to quickly get a feel for what might be working it’s way through […]

    Posted in major category:     MISC JOBLAW TOPICS, ALERTS - NEWS    
    Related articles in:     and


  8. TITLE: HB-1187 would prohibit abusive behavior in the workplace - but it’s dead in the water

    A proposed 2006 Missouri House Bill, HB-1187, would make bullying or abusive behavior unlawful, and let the victim sue for damages - but this bill will probably die
    Laws get proposed all the time. And the laws make the legislators look good, garner decent press coverage, and then die.
    HB-1187 is dead as of 4-3-06. See […]

    Posted in major category:     MISC JOBLAW TOPICS, ALERTS - NEWS    
    Related articles in:     and


  9. TITLE: Drugtesting - What Lawyers Look At

    Drug testing
    You tested dirty, but you’re clean. You think the employer falsified the test.
    This Article discusses suing the employer for falsifying a positive result.
    If you were selected for testing due to some discriminatory or retaliatory reason, or you were punished excessively for a dirty test because of discrimination or retaliation, then your case is not […]

    Posted in major category:     MISC JOBLAW TOPICS    
    Related articles in:    


  10. TITLE: Unemployment Appeals - Practical tips

    UNEMPLOYMENT APPEALS - Tim’s Practical Tips and Info
    I’m going to give you a brief history lesson before you get any practical tips.
    FYI - For official general information about Missouri unemployment benefits and appeals, visit the website of the Missouri Division of Employment Security. See also Tim’s general info about the Unemployment Claim process.
    Here’s a brief […]

    Posted in major category:     MISC JOBLAW TOPICS    
    Related articles in:     and


  11. TITLE: Resume and Reference Problems - Generally

    Resume Problems
    Problems with lying and fraud on job applications and resumes
    It’s common in employment law for there to be issues about honesty in connection with resumes or employment applications. Here are links to sections of this article dealing with some of the more common issues and why the issues arise so often in employment law:

    Overview […]

    Posted in major category:     MISC JOBLAW TOPICS    
    Related articles in:    


  12. TITLE: Personnel Files in employment law

    PERSONNEL FILES - EMPLOYEE FILESYour employer will not let you see your file or give you a copy.
    There is no law in Missouri that requires that the employer show you your personnel file or give you a copy. You will be able to get your personnel file if you sue the employer on some legal […]

    Posted in major category:     MISC JOBLAW TOPICS    
    Related articles in:    


  13. TITLE: Politics and Employment Law

    Political info for thoseinterested in improvingMissouri Employment Laws
    For some specific examples of how bad the employment laws are in Missouri, please see my article called The Sorry State of our Employment Protections.
    Some people read that “Sorry State” article and get quite upset, because that article destroys a lot of misconceptions about what kind of employment […]

    Posted in major category:     MISC JOBLAW TOPICS    
    Related articles in:    


  14. TITLE: Labor Law - How it works with Employment Law

    Labor Law
    Introductory pointsand links for further studyof Labor Law
    “Labor law” is a subset of “Labor and Employment Law” that focuses on the intricacies of the landmark National Labor Relations Act (NLRA) and any state-based laws that might affect the rights of employees who are unionized or trying to be unionized (with certain limited applications to […]

    Posted in major category:     MISC JOBLAW TOPICS    
    Related articles in:    


  15. TITLE: Tips for Job Seekers

    Some Tips and Links for job seekers
    Jump to Tips
    Sources of job and career information, including much about government jobs and programs. Try a search on Google.com for additional resources. But the ones I list here may keep you busy for awhile.
    Job Seeker Links

    St. Louis City Govt site - lots of links to employment resources - […]

    Posted in major category:     MISC JOBLAW TOPICS    
    Related articles in:    


  16. TITLE: Honesty Issues - Stealing, etc - Generally

    DISHONESTY or STEALING issues
    Your employer has accused you of some form of dishonesty
    Honesty-related problems crop up regularly in employment cases. Sometimes we can diffuse them and sometimes not. Depending on the unique facts of the case, allegations of honesty problems might actually strengthen your case. It makes me dig deeper, looking for a good lawsuit, […]

    Posted in major category:     MISC JOBLAW TOPICS    
    Related articles in:    


  17. TITLE: Harassment - Generally

    Harassment
    Some legal considerations possibly arising from “Harassment” scenarios. A lot of people call me and declare that they are being “harassed.” The law may or may not be able to help. It all depends …
    See also the following articles:

    Sexual Harassment
    Hostile Work Environment
    Constructive Discharge (about being mistreated so that you will quit your job)
    Retaliation
    Complaining about unfair […]

    Posted in major category:     MISC JOBLAW TOPICS    
    Related articles in:     and


  18. TITLE: Employment Handbooks and Personnel Manuals

    Employment handbooks and manuals
    (and miscellaneous handouts about employment policies)
    For private-sector employees …
    As a general rule for private, non-governmental employees, handbooks, manuals and handouts are not “contracts” in Missouri. For example, let’s say the employer “promises” in a handbook that you will not be fired without a three-step disciplinary process. But you got fired without […]

    Posted in major category:     MISC JOBLAW TOPICS    
    Related articles in:    


  19. TITLE: Government Employees - Generally

    Government Employees, generally
    First a BIG Caution, and then a brief introduction to some of the rights of Government employees:
    CAUTION: The info on TimsLaw.com is written for the private sector, not the government sector. That’s because so much is (or may be) different for government employees in terms of your rights, your deadlines, who you complain […]

    Posted in major category:     MISC JOBLAW TOPICS, TRAPS    
    Related articles in:    , and


  20. TITLE: Tips for Missouri Employers - Employment Defense Topics

    Tips for the Missouri Employer about Employment Litigation and Human Resources (HR) Issues & Law
    This article gives some tips for Human Resources professionals and management regarding how to reduce the employer’s defense costs and avoid litigation. It also links to some resources on the internet to assist in further study.
    I also talk a little bit […]

    Posted in major category:     MISC JOBLAW TOPICS    
    Related articles in:     and



Tim's Missouri Employment Law
is by Attorney Tim Willoughby

Tim is a St. Louis Missouri employment lawyer and a member of the National Employment Lawyers Association (NELA). Visit NELA.org and the Missouri Bar Lawyer Directory.

Tim Willoughby, Attorney
(Licensed in Missouri)
10024 Office Center Ave, Suite 200
St. Louis, MO 63128-1381
ph:    314-729-7750
fax:   314-729-7799

Near I-270 and Tesson Ferry Road
... a little bit south of I-44

Google Map of 10024 Office Center Ave, St. Louis MO 63128

[PLEASE NOTE: Be very careful with directions that you might get on-line, with regard to my office, due to a quirk in Google. Google Maps sometimes gives strange results for my building's address, probably because there are multiple streets with similar names. Google sometimes says my building is South of I-270, but it's actually North of I-270. Use MY directions instead. Here are directions to my office, with aerial photos and map..]


 

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