Missouri Unemployment Benefits Cut

The pro-employer Missouri legislature has decided that if your are unemployed, it’s because you are lazy and are just refusing to work. That’s the only possible explanation for the Missouri House passing HB 288, which reduces Missouri Unemployment Benefits from 20 weeks to 13 weeks if unemployment is below 6%, which it is now. In other words, you should just get off your lazy behind and take any job you can, rather than doing a systematic job search like you have been told to do.

Thirteen (13) weeks of benefits means that you will actually have to have a job within 7 or 8 weeks after being terminated, due to the usual start time of your new job and the delay in getting your first paycheck. In my humble opinion, this new legislation isn’t conservative - its heartless. It will make Missouri 49th in the nation in unemployment benefits!

READ THE TEXT OF THE BILL AND FOLLOW ALONG HERE:
House Bill 288

APPLY FOR MISSOURI UNEMPLOYMENT BENEFITS HERE:
Missouri State Unemployment Office Website

- Phil (2/24/17)

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:
Appointment Only

Phone:
St. Louis: 314-729-7750
Kansas City: 816-454-5600
Fax: 816-454-3678

Website - www.TimsLaw.com
Detailed Directions to Phil's office
Info about contacting the Willoughby Law Firm

"THE CHOICE OF AN ATTORNEY IS AN IMPORTANT DECISION AND SHOULD NOT BE SOLELY BASED ON ADVERTISING.

Gay Employment Discrimination in Missouri

Not to imply employment discrimination is gay, but rather discrimination against the LGBTQ community

It ain’t easy being gay in Missouri where your employment rights are concerned. As a political easy target “class” of individuals, gay men and women have to constantly be concerned about direct or indirect actions against their employment due, at least partly, because of their sexual orientation.

Missouri Law Doesn’t Protect Gay Missourians

You would think in 2017 that gay-bashing on the part of employers shouldn’t be a thing anymore. You would be wrong. You would think that hopefully a court could apply the Missouri Human Rights Commission protections to gay employees in Missouri. Wrong again.
You, my gay friends, are screwed if you are discriminated against in your employment because of your sexual orientation.

Missouri Law Protects You if Discrimination is Gender-Based,
but not Sexual-Orientation Based

A recent case in Missouri explains what courts say about your protections as a Gay Missourian under our state law. The landmark case was Pittman v. Cook Paper Recycling (478 S.W.3d 479, Mo.App.W.D. 2015). Pittman was subjected to a lot of horrible, vulgar mistreatment on his job due to his sexual orientation. Downright nasty allegations are part of the record.

Read the case for yourself here: Pittman v. Cook Paper Recycling (478 S.W.3d 479, Mo. App. W.D. 2015) (Missouri Court web site direct link to the decision.)

SIDE NOTE:I personally know two of these judges on this Western District Court of Appeals panel, and let me personally attest to their compassion and character. If you had a case in front of the Court of Appeals, you would want these judges deciding it. I wholeheartedly believe that if these judges could have justified expanding the law in Missouri to cover sexual orientation, they would. The problem is with the law, not the judges.

However, even with allegedly horrible actions towards him, the trial judge dismissed the case because, the Court said, Missouri Law did not cover sexual orientation in it’s anti-discrimination statutes.

* The Court of Appeals agreed, and included the following observation, which sums up the law:

“The plain language of the Missouri Human Rights Act is clear and unambiguous. Employers cannot discriminate against employees on the basis of their “sex.” The clear meaning prohibiting discrimination based upon “sex” under the Missouri Human Rights Act intended by the Missouri legislature concerns discrimination based upon a person’s gender and has nothing to do with sexual orientation… Thus, sex discrimination occurs when a plaintiff’s sex is a contributing factor in an employer’s employment decision.(citation removed) Pittman does not allege that he was discriminated against or harassed because of his gender but alleges that he was discriminated against because of his sexual orientation.

In essence, Pittman’s petition is seeking a declaration that sexual orientation discrimination qualifies for protection under the Missouri Human Rights Act because it is tantamount to discrimination based on sex. We note, however, that, to even reach this reading of Pittman’s petition, we must liberally construe the petition because, [*483] as the circuit court wisely noted, the petition truly does not allege discrimination or harassment on the basis of “sex.” Pittman merely alleges that “[Cook Paper] caused the workplace to be an objectively hostile and abusive environment based on sexual preference.” (Opinion at page 483)

CONCLUSION

If you believe you were discriminated against because of your sexual-orientation, Missouri law has little to offer you in the form of protection. However, discuss your issue with an attorney to analyze if there is any other avenue to address the difficult situation and whether there may be other, more subtle forms of discrimination going on, like religion or gender.

FOR THIS WEB RECORD, Please know that I support inclusion and equality under all our laws, and it is disappointing my LGBTQ friends can’t enjoy the same protection under the law as I do.
-Phil

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:
Appointment Only

Phone:
St. Louis: 314-729-7750
Kansas City: 816-454-5600
Fax: 816-454-3678

Website - www.TimsLaw.com
Detailed Directions to Phil's office
Info about contacting the Willoughby Law Firm

"THE CHOICE OF AN ATTORNEY IS AN IMPORTANT DECISION AND SHOULD NOT BE SOLELY BASED ON ADVERTISING.

Missouri Legislature Makes Discrimination Easier

The 2017 Missouri Republican business-friendly legislature is not disappointing its big-business enablers. Right away the legislature is poised to make it easier to discriminate by making Plaintiffs’ claims harder to prove. The soon to be law makes Plaintiffs prove that discrimination was the “motivating” factor in some adverse employment action, rather than the current “contributing” factor. Missouri Senate Bill 43 is the latest plan to make it more difficult to hold employers liable for discrimination.

REAL WORLD SCENARIO

John Smith is a boss who wants to get rid of Employee “A” because of employee’s gender. But of course boss isn’t going to just call “A” into the office and say he doesn’t want any of “A’s” gender working for him. So he has to look for other reasons to terminate “A.” Over the course of the next month several employees are late for work, including Employee “A”. Boss doesn’t discipline any other employee for being late except for Employee “A”. He fires “A” on the spot.

Boss knows that Employee “A” has to prove that employee’s gender was a “motivating” factor in the termination, rather than just a “contributing factor” (partially motivated) in the determination. Its a tougher case to make.

Check out the bill for yourself below

http://www.senate.mo.gov/17info/pdf-bill/intro/SB43.pdf

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:
Appointment Only

Phone:
St. Louis: 314-729-7750
Kansas City: 816-454-5600
Fax: 816-454-3678

Website - www.TimsLaw.com
Detailed Directions to Phil's office
Info about contacting the Willoughby Law Firm

"THE CHOICE OF AN ATTORNEY IS AN IMPORTANT DECISION AND SHOULD NOT BE SOLELY BASED ON ADVERTISING.

Below is the link for the most common trap.

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:
Appointment Only

Phone:
St. Louis: 314-729-7750
Kansas City: 816-454-5600
Fax: 816-454-3678

Website - www.TimsLaw.com
Detailed Directions to Phil's office
Info about contacting the Willoughby Law Firm

"THE CHOICE OF AN ATTORNEY IS AN IMPORTANT DECISION AND SHOULD NOT BE SOLELY BASED ON ADVERTISING.

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:
Appointment Only

Phone:
St. Louis: 314-729-7750
Kansas City: 816-454-5600
Fax: 816-454-3678

Website - www.TimsLaw.com
Detailed Directions to Phil's office
Info about contacting the Willoughby Law Firm

"THE CHOICE OF AN ATTORNEY IS AN IMPORTANT DECISION AND SHOULD NOT BE SOLELY BASED ON ADVERTISING.

Following your passion

I speak to people all the time, where they discuss what they love, as part of breaking the ice in talking to me.

And then we begin to talk about their job issues, and everything changes. The mood shift is instantly apparent — I know where their passion lies, and it is not in their jobs. — Their jobs cause pain.

The tone-swing during the conversation is often dramatic. I have been watching this for many years.

They want to be doing something else.

Changing careers will have very serious repercussions — There are often many costs, and often much time, and usually much uncertainty. For me, the career change to my preference took years, and cost about $100,000 in loans for school. And then I had to start my solo practice with nothing. See my bio, linked at the top of every page, for more info about my own journey.

Changing careers, or working for yourself, will commonly plunge your income.

I came from nothing, so it is easy for me to say this —> It is ok to live with less, while you build yourself the career you really want. In the end, you will likely be happier.

But do not quit your job without a plan!

You must commit to the change — Did I say “commit”? — I meant COMMIT.

Article written by | Tim Willoughby

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:
Appointment Only

Phone:
St. Louis: 314-729-7750
Kansas City: 816-454-5600
Fax: 816-454-3678

Website - www.TimsLaw.com
Detailed Directions to Phil's office
Info about contacting the Willoughby Law Firm

"THE CHOICE OF AN ATTORNEY IS AN IMPORTANT DECISION AND SHOULD NOT BE SOLELY BASED ON ADVERTISING.

The 2nd Great Depression is upon us.
The Government is lying to us.
This “Great Recession” is way deeper than they are willing to admit, I think

Here are some bullet points to support my opinion.

• I meet with salespeople of all stripes — I always ask about how their businesses have been doing.

  With only a couple of exceptions, for highly specialized industries, sales seem to be way down, and have been so for years, and I have not been talking about it, but I have been watching it.

  It continues into 2012 — The sweet spot seems to be roughly about a 30% downturn compared to 2007, which sounds high, but that is my estimate based on what I hear.

• I have watched the construction-related industries essentially collapse.
• I have watched the “outsourcing” movement take hold, which reduces costs - That’s why they do it.
• I hear over and over about how employers do not replace essential people who leave, and push the tasks onto others.
• I am seeing more and more employers trying to save on taxes and benefits by misclassifying people as “1099″ workers, rather than as regular employees.
• Fast food managers are not getting the bonuses they have expected, and the quality of fast food has been declining as a result. Fast food managers only make a modest wage, and hope for a decent bonus.

  I have been hearing about it in my office — If you are not getting your bonuses as a fast food manager, then you are not going to be as sharp at supervising. This means you may not care enough about watching people and product. Under-supervised workers produce poor product. Plus, the restaurants are obviously buying cheaper supplies.

• And we all know well that houses have lost 30% of their value, and I won’t even begin to discuss foreclosures.
• Car companies are claiming high profits — But car companies can grab profits by beating up on their suppliers — For example, they can get a supplier to drop the price for making a seat from $200 to $100, under threat to find a new supplier. (No, car-makers do not make their own parts — They buy their parts from suppliers, and assemble them)
• The Government needs to prop up confidence in the economy, so they push out an artificially happy view of how we are doing. This is not a Republican vs Democrat thing.
• (But some places are still booming — Here locally, in my area, Red Lobster and Olive Garden are always full)

We will be posting some more info here soon about where you can get some help — These articles are works in progress, and it takes a lot of time to bring them up to where they need to be — Thanks for your patience

Article written by | Tim Willoughby

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:
Appointment Only

Phone:
St. Louis: 314-729-7750
Kansas City: 816-454-5600
Fax: 816-454-3678

Website - www.TimsLaw.com
Detailed Directions to Phil's office
Info about contacting the Willoughby Law Firm

"THE CHOICE OF AN ATTORNEY IS AN IMPORTANT DECISION AND SHOULD NOT BE SOLELY BASED ON ADVERTISING.

Working you to death

So the employer says you are “salaried”, and then gives you 50 million things to do that take you all of the regular workday, and then about three or four hours extra. — That is what we are talking about.

Something is wrong with this picture, and there are some Missouri and Federal laws that can help us.

I would bet that you are not really “exempt” from the Federal and State overtime laws, if your tasks require so much time. Your employer may create the illusion that you are “exempt” by using the subterfuge of the “salaried” idea.

But, ultimately, it is the judge who decides whether you qualify as “exempt” from the labor laws — The employer’s opinion means nothing.

See a lawyer and do something to try to improve your quality of life.

Article written by | Tim Willoughby

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:
Appointment Only

Phone:
St. Louis: 314-729-7750
Kansas City: 816-454-5600
Fax: 816-454-3678

Website - www.TimsLaw.com
Detailed Directions to Phil's office
Info about contacting the Willoughby Law Firm

"THE CHOICE OF AN ATTORNEY IS AN IMPORTANT DECISION AND SHOULD NOT BE SOLELY BASED ON ADVERTISING.

Assurances to the public
about the integrity
of the legal system

Lawyers have a duty to watch the integrity of the system.

Regardless of anything I say on this site, that sounds political, my experiences with judges have all been good — I may disagree with rulings, but that does not mean anything was wrong with the rulings. Judges do not use politics — FACTS and LAW are the real keys.

Please try to comprehend the difference between what politicians do, and what judges do. Forgive me for this reminder, but you would not believe how people actually think of things.

When people do not not work closely within the system, as I do, then people sometimes develop unreasonable attitudes about the system, perhaps helped by some news anchors and TV networks. But we are here today to correct some bad notions.

Politicians create and retract laws. Judges decide cases and interpret laws. Politicians are motivated by ideology, and politics. Judges are motivated by facts and law.

The system works, and the judges seem honorable.

Lawyers are “officers of the court”, and we help make sure the system functions in the right way, even though we tend to be a-holes.
So our judges are being constantly watched by the hundreds of a-holes on their dockets. And if we see anything wrong, we have to take action.

If I ever saw a judge use politics, or any factors other than the FACTS and the LAW, then I would be obligated to make a report to a judicial ethics body — And I have never come close to feeling the need to make any such report.

How would You like to have Your underwear sniffed, all the time, by a-hole lawyers? Judges deal with that every day. They are under the microscope. We are all watching them — And they do their judicial jobs well.

To be clear, we are looking at their judging, not their non-judging behavior. The following is a bit crude, but I think it illustrates the point — We don’t care if judges are having affairs with their secretaries, but we care that they are honorable judges when the time comes for judging — Lawyers watch that closely, for your protection.

Judges really do decide cases based on the FACTS and the LAW, as they should. But some judges disagree about what the law, and prior court cases, are saying they must do, and that’s the rub.

Many things law-related are open to interpretation — That’s where my disagreements might be — But nothing improper is going on, just because bad decisions happen.

Anecdote related to Rush Limbaugh

My politics are far removed from Rush Limbaugh’s, as you might expect, but our legal worlds merge a bit.

The best trial judge I ever have tried a case in front of was — brace yourself — Stephen Limbaugh — Rush’s uncle, who is now retired. — He was obviously part of a right wing family, and yet developed a good reputation among left-wingers for his trial work.

The Rush Limbaugh family has a long long legal history in this part of Missouri. Rush’s grand pappy even wrote a well-regarded legal textbook that you can still see in the local law libraries.

And Rush’s cousin was on the Missouri Supreme Court, before getting a lifetime Federal Court appointment.

Conclusion

Think of politics and law like this — Politics merely “flavors” a judge’s mindset when deciding about uncertain legal issues, when those issues have been legitimately raised, under our complex rules. But otherwise, judges simply act like judges — and it is the FACTS and the LAW that motivate them.

And hard working people support the court system.

There is nothing suspicious about the system. Believe me, if I saw anything wrong, I would bitch all to hell about it, right now. — And I would report the offenders, and do everything I could to restore the integrity of the system — All lawyers would do the same thing — That is part of our job. We are looking out for you.

So, we navigate the system in the right way, and we take our chances with the judge, who is doing the best he can with the FACTS and the LAW that we give him.

Article written by | Tim Willoughby

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:
Appointment Only

Phone:
St. Louis: 314-729-7750
Kansas City: 816-454-5600
Fax: 816-454-3678

Website - www.TimsLaw.com
Detailed Directions to Phil's office
Info about contacting the Willoughby Law Firm

"THE CHOICE OF AN ATTORNEY IS AN IMPORTANT DECISION AND SHOULD NOT BE SOLELY BASED ON ADVERTISING.

Here is evidence that the Republican politicians are coming after your employee rights, everywhere, all the time.
On April 5, 2012, the Wisconsin Republican Governor repealed its Equal Pay Act, that mandated men and women be paid the same for the same work.

Your employee rights are being attacked all the time, usually under the radar and behind the scenes, and the attackers are Republicans. — I’m sorry if you are a Republican and I have hurt your feelings, but face the truth — Is it better to have More employee rights or Less employee rights? Vote Republican for fewer employee rights, but that is not My preference, as you might imagine.

Since we are Legislatively controlled by Republicans in Missouri, and Missouri Republicans in the Legislature have been relentlessly and aggressively trying to destroy our employee rights, I think the Wisconsin issue is worthy of comment.

Of course this news is not directly Missouri-related, but I believe Missouri is part of the same National plan as the Wisconsin Republicans are following, and so it is relevant.

Wisconsin is the state that has been in the news because the Republican Governor there is so opposed to unions. The people of Wisconsin are trying to hold a recall election to throw him out.

But what is really going on in Wisconsin, in attacking unions, and repealing their Equal Pay law, that protects women, mirrors what is going on in the Missouri Legislature in a very real sense.

The “family-friendly” Republicans are trying their hardest to destroy our employee rights in Missouri.— Face it —> Your Republicans are NOT for you — stop being duped.

The Wisconsin union issues, and now the “Equal Pay” repeal tell me some things about where the Republicans might be headed, for their next big issue, but this issue is kind of more secret.

These Republicans are apparently running plays from the National Republican playbook — Attacking employee rights might be becoming an important issue on a National-level, and we are seeing the start of it, state by state.

Friends, the Republican Party has a new National agenda of eroding employee rights. Why? They are coming after your employee rights very aggressively in Missouri as well, trust me.

Employment lawyers are trying hard to keep these backward-thinking dinosaurs at bay.

Just yesterday, April 10, 2012, two of my colleagues went to our Republican Missouri Capitol and testified before a Republican Senate Committee that wants to repeal or weaken important whistleblower protections. My colleagues were, of course, opposing the changes the Legislature was proposing.

It is inconceivable how a state like Wisconsin could repeal its Equal Pay Act. And it is inconceivable that Missouri wants to weaken the puny whistleblower protections that we have.

Does it sound like Republicans might be the enemies of working people? I would say yes. What would you say? — Use evidence, as would a judge.

I wonder, Who would be better poised to make such a harsh judgment, that Republicans have become the enemies of working people, someone who works within the system, or someone who does Not work within the system, like you? Decide for yourself, or bury your head in the sand, while the rest of us try to look out for your rights, and we try to fend off these right-wing wackoids that you guys voted for.

Recently, I attended a ceremony where our Democratic Governor (thank God) vetoed a nasty law that the Republicans passed that could have seriously harmed our employee rights.— The Republicans are relentlessly attacking our employee rights — This is a real National phenomenon, and it is being kept semi-secret.

I say “semi-secret” because the Republican politicians are not out in front loudly talking about “weakening employee rights”, like they do when they complain about banning birth control, etc. But the phenomenon of Republicans trying to weaken employee rights is real, and there seems to even be a National strategy to weaken employee rights for some reason.

I will not provide a link to the Wisconsin story, because news sites move their stories around all the time, and the link would break immediately. Go to Google and type in “Wisconsin Equal Pay”. You will learn all you need to know.

Your “family-friendly” Republicans have a National agenda to hurt your family. I wonder who is behind all of this?

Article written by | Tim Willoughby

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:
Appointment Only

Phone:
St. Louis: 314-729-7750
Kansas City: 816-454-5600
Fax: 816-454-3678

Website - www.TimsLaw.com
Detailed Directions to Phil's office
Info about contacting the Willoughby Law Firm

"THE CHOICE OF AN ATTORNEY IS AN IMPORTANT DECISION AND SHOULD NOT BE SOLELY BASED ON ADVERTISING.

In the movie Sophie’s Choice, the lady had to choose whether the Nazis would kill her daughter, or her son — Federal Union Employees have a choice to make that is mildly similar, in that they have to make a difficult choice, but with less dire consequences of course.

There exists a law that the Federal Government will use to try to deny you the right to sue for discrimination if you FIRST file a grievance with your Federal Government union over a discrimination-related issue, or if you merely ALLOW the Federal Government union to file a grievance on your behalf over the discrimination-related issue, RATHER than first contact the EEO office.

Bill Clinton signed the law, which I quote and link to below. I suppose it was a compromise deal of some sort, because the law is anti-employee. Whereas Bill was generally pro-employee — He gave us FMLA.

People in Government unions feel highly motivated to complain to the unions about conduct that could be considered discrimination-related, before they try to file an EEO complaint about similar conduct. This could be a mistake, as I will explain below, because of a law I discovered that was signed by Bill Clinton.

And who knows which path will ultimately be best (Union or EEO)? — Sometimes the union path is best, and sometimes EEO is best, for similar conduct — Let a lawyer help you decide which path is right for you in your unique circumstances.

I have not yet met a Federal Union-Covered Employee who is aware of the existence of this choice of paths. Postal workers are probably the most affected, because the Postal Union appears to be more aggressive than the other Federal Government Unions. But all Federal Government Unions are covered.

In practice, the EEO office will still take your discrimination complaint, even after you go through the Union grievance process over the same discrimination-related issues — But they don’t have to do so, and they certainly know it.

But later on, when you try to eventually sue for illegal discrimination, if you had filed with the union over similar conduct before filing with EEO, you are going to face a mountain of legal battles — For example, you may have lost the right to file EEO, due to the union grievance being filed first, and therefore you may not have really had the ultimate right to file for a hearing with the EEOC, even though the EEOC might have agreed to hear your case, and so then the Court may lack jurisdiction to hear your further appeal of what the EEOC decided — All of that is possible.

Your lawyer will of course argue that the law does not demand the choice that it appears to demand.

Here is a snipet from the actual law, followed by links —

(d) An aggrieved employee affected by a prohibited personnel practice under section 2302 (b)(1) of this title which also falls under the coverage of the negotiated grievance procedure [FYI This means the union grievance process] may raise the matter under a statutory procedure [FYI This means the EEO-EEOC process - I have not figured out yet whether this provision applies to the Merit System] OR the negotiated procedure, BUT NOT BOTH.

(Emphasis and FYI comments mine) (Did you notice the “But not both” words in the law? Words mean things.)

The devil is in the details — Thanks, Bill, for hurting employee rights.

We can try to argue that the law does not completely prohibit taking both paths, but instead merely means that both paths cannot be taken at the same time. Iffy, though.

But the EEOC agrees with my fear that 5 USC 7121 requires a permanent choice, and will dismiss your EEOC complaint if you took it to a Federal Union first.EEOC page about the requirement to make the choice

See the law here: 5 USC 7121.Here is the other statute cited within 5 USC 7121, which talks of discrimination, and makes me somewhat confident that a Court will give you a hard time, if you feel discriminated against and file with the union first, rather than file EEO, because your union contract probably discusses discrimination issues: 5 USC 2302.

Considering this law, 5 USC 7121, Federal Union Contracts should NOT any longer include ANY mention of “discrimination”, to better enable you to argue that your grievance was about something other than “discrimination” and is not covered by this evil 5 USC 7121 law. (FYI Union contracts typically contain routine promises by the employer not to engage in illegal forms of “discrimination”. I think it has become a bad idea for Federal Government Union contracts nowadays to mention “discrimination”).

This little law provision is so buried in the dirty details that I have seen no discussion of it among lawyers. There is some coverage of it on government websites, but it got no meaningful attention when passed, and I discovered it purely by accident, because I like to read this boring crap, and then try to figure out what it might mean for my clients.

This kind of sneaky stuff happens all the time, and you are unaware of it — They are always coming after your employee rights, as is happening right now in Missouri, and people like employment lawyers are trying to protect you. Sometimes we fail. There are too many attacks on your employee rights — We apparently can’t keep up.

Let’s recap: If the issue is discrimination, you have EEO rights, but you can harm those rights by filing a union grievance first, over the same or similar issues. Despite that, the EEO people will take your complaint after the grievance process unfolds, leading you to the false belief that your EEO rights have been fully preserved.

Later on, you will learn that the Government has engaged in a farce, and they will argue in court for dismissal of your EEO-related case, due to your choice of the union grievance mechanism first, when the union issues were related to your allegations of discrimination, rather than use the EEO process first. And oh, by the way, they will also argue that your EEO claim was untimely filed, due to the delay caused by the union grievance process.

So, as they say in the famous “Saw” movie franchise — Make your choice.

The Government screws its employees every which way it can.

Have a lawyer help you decide what to do, please.

Article written by | Tim Willoughby

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:
Appointment Only

Phone:
St. Louis: 314-729-7750
Kansas City: 816-454-5600
Fax: 816-454-3678

Website - www.TimsLaw.com
Detailed Directions to Phil's office
Info about contacting the Willoughby Law Firm

"THE CHOICE OF AN ATTORNEY IS AN IMPORTANT DECISION AND SHOULD NOT BE SOLELY BASED ON ADVERTISING.

Supreme Court, the 5 Justices appointed by Republican Presidents, uses the archaic foreign doctrine of “Sovereign Immunity” to hurt you yet again today - 3/28/2012

“Sovereign Immunity” has two rough meanings: “You can’t sue the King” and/or “The King is Immune” (such as immune from damages). These concepts get very complicated, of course, as does anything in law. A case link is below, to a fresh case from 3/28/2012.

The Republicans have made such a big issue over time, over the fact that some foreign legal doctrines are used in the USA, or that our courts use treaties sometimes (as if this is a liberal conspiracy to undermine the USA). The law has worked this way for 200+ years, and this is perfectly ordinary. — Those who say otherwise are showing off their idiocy.

I have personally heard people like Rush Limbaugh, and Fox News hosts, who do not understand law, make ignorant comments about the fact that we sometimes use foreign legal doctrines here in the USA. And then I have watched the web, as further ignorant people repeat that junk.

The Justices that were appointed by your Republican Presidents have used the archaic, unjust, and foreign, “sovereign immunity” doctrine two times in recent days to hurt employees who were trying to get some justice from their government employers. Surprise!

Should I rub it in some more? — Yes — Rush made it sound so simple in his idiocy, and so many of you bought it. Republicans and conservatives, who know an iota about the law, are perfectly well aware that very many so-called foreign legal doctrines are in daily use in the USA — In fact, while we borrowed from England, England was borrowing from France and Rome — Everything is a continuum — We build on what has gone before. Think about that.

We got our original laws from England, so it is natural that some of those doctrines might stick around — “Sovereign Immunity” is one of the more evil of those doctrines that have stuck around, and it limits peoples’ right to sue the government in many types of cases, or, as in this case, collect damages when a person’s civil rights were violated by government.

But the Justices who are embraced as heroes by the right-wing seem to love the archaic English doctrine of “Sovereign Immunity”. This is bad for workers, but I guess we got what we voted for, and many people have been sucker-punched two times in recent days — Thanks Rush and Fox — And thanks to W. I suppose — You gave us what we apparently wanted: FEWER employee rights and remedies. Congratulations to us for having our wishes fulfilled.

Here is the case: FAA v. Cooper

Article written by | Tim Willoughby

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:
Appointment Only

Phone:
St. Louis: 314-729-7750
Kansas City: 816-454-5600
Fax: 816-454-3678

Website - www.TimsLaw.com
Detailed Directions to Phil's office
Info about contacting the Willoughby Law Firm

"THE CHOICE OF AN ATTORNEY IS AN IMPORTANT DECISION AND SHOULD NOT BE SOLELY BASED ON ADVERTISING.

The term “Gross Profit” in commission agreements allows the employer to manipulate the numbers and screw you.

Try to get a commission deal where you get to take a cut off the sales price — Which is a number that the employer cannot easily manipulate.

Employers use the “Gross Profit” term because they wish to be able to manipulate the numbers

Too many commission plans are based on you getting a percentage of “Gross Profit”, and that term is either undefined or is easily manipulated by the employer to reduce your commissions.

“Gross profit” has NO exact meaning in law — Each industry may have their own rough meaning — Each company may have its own meandering, changing meaning — And the employer can cook the books and twist the calculus to screw you — Believe me that it happens all the time, and it is hard and expensive to fix.

I have been watching employers screw employees using the “Gross Profit” basis for commission calculation since 1997. — It is time for me to say something about it here.

Try to get a commission deal based on taking a percentage of raw sales dollars, right off the top. The employer cannot deny what the sales price was, so you can more easily determine the commission due. For one example, “I get 10% of sales when they pay their bill” — That is straightforward and easy to figure out.

Compare my above example to real-life cases using “Gross Profit”. Example: “You get 20% of Gross Profit”, where the Company decides what the margin was (using a secret formula), what the overhead was (which you can’t verify), and then may arbitrarily extract some extra for the executives (by padding the preceding numbers a little bit), and then the Company tells you what it feels the “Gross Profit” was on the account — In such cases you are at their mercy and nearly powerless to confirm that your commissions were paid properly.

You have the right to sue for “An Accounting” if you suspect you are being cheated, and there are some helpful laws that kick in if you have good evidence of cheating on commissions. But you usually can’t afford to sue them. And you are probably held prisoner by a Non-Compete agreement (which BTW may not be fully enforceable due to the cheating, if you have good evidence), which all makes things very complex — Get the right kind of commission agreement from the start and avoid all this mess.

Missouri has no specific law dictating how commissions are calculated. And the Missouri Dept of Labor will not help you. — You have to see a lawyer to get any help.

If you have enough bargaining power, maybe I can negotiate the right kind of commission deal.

Article written by | Tim Willoughby

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:
Appointment Only

Phone:
St. Louis: 314-729-7750
Kansas City: 816-454-5600
Fax: 816-454-3678

Website - www.TimsLaw.com
Detailed Directions to Phil's office
Info about contacting the Willoughby Law Firm

"THE CHOICE OF AN ATTORNEY IS AN IMPORTANT DECISION AND SHOULD NOT BE SOLELY BASED ON ADVERTISING.

You have FEWER employee rights today (March 20, 2012) — Your US Supreme Court (Republican Division) says that parts of the Family and Medical Leave Act (FMLA) do not, in effect, apply to Government employees, even though FMLA says it does. The US Supreme Court used the archaic “Sovereign Immunity” doctrine from England. This decision will likely lead to ALL parts of FMLA eventually being held to be unenforceable, for Government employees.

“Sovereign Immunity” is an archaic English legal doctrine from the Middle-Ages that basically means “You can’t sue the King” — That ancient English doctrine is fully alive and well today, and was used to kill an employee’s case, by the Republican-appointed Supreme Court members, who were supposed to be anti-foreign legal doctrine.

The US Supreme Court, Republican wing, used this awful Foreign doctrine to invalidate part of the Family and Medical Leave Act (FMLA) for Government workers - They invalidated any damage remedy for Government employees who need FMLA for their own illnesses. Congratulations on getting one of the natural court decisions that many of you hoped for in voting for W - He delivered for you, through his Court appointments.

The case is fresh and we do not yet know exactly how lower courts will view it — But I think it likely that it marks the end of FMLA-remedies for Government employees.

The end of FMLA remedies, for some types of cases, for Government employees, means you cannot really have a worthwhile FMLA claim in court, if you are a Government employee. — Your potential case, as a Governmental FMLA plaintiff, probably isn’t worth anything anymore. The US Supreme Court case is linked below.

You may still have plenty of rights, under many legal doctrines, but FMLA is evaporating for Government employees. Thank you W. for working so hard to kill Employee Rights — Your voters are getting what they apparently wanted — FEWER employee rights.

Despite my rant about the “Republican wing”, Judges DO NOT decide cases based on politics — They decide cases based on the FACTS and the LAW — (And I have never seen any indication otherwise). But judges are human beings, and they “filter” the cases through such things as their politics, when a legitimate question arises about what the law might mean — It is their job to give meaning to the law — Judges at the level of the US Supreme Court are political persons with definite attitudes — That’s how they got to be Supreme Court Justices — So their viewpoint, when the law is in doubt, can often be anticipated. But they really believe they are doing the right thing.

A Republican President, such as W was, will appoint Justices who have a “bent” toward his way of thinking — And W did that, and we are seeing the results.

Here is the case Coleman v. Court of Appeals of Maryland

Article written by | Tim Willoughby

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:
Appointment Only

Phone:
St. Louis: 314-729-7750
Kansas City: 816-454-5600
Fax: 816-454-3678

Website - www.TimsLaw.com
Detailed Directions to Phil's office
Info about contacting the Willoughby Law Firm

"THE CHOICE OF AN ATTORNEY IS AN IMPORTANT DECISION AND SHOULD NOT BE SOLELY BASED ON ADVERTISING.

Denial under fire — This is when the employer surprises you with some form of alleged bad conduct, and you say “I didn’t do it” — But you really did it.

This could be somewhat troublesome for you, because your employer may have rules about honesty that they will accuse you of violating — I can manage this stuff very often. But the employer may still attack you as if you violated some kind of big policy related to “ethics” or something, due to your Denial Under Fire — Well, we can come up with many other examples of where the employer lied about any number of things, which would be the same thing, right?

But Denial Under Fire is BS because we all deny alleged wrongdoing when we are shocked and suddenly confronted.

You may have merely been scared of getting fired, even though your intentions were good.

If you can keep your wits about you, then shut up and tell them you want to talk to your lawyer before you give a statement — If they won’t let you have that chance, I will make them look bad within the system — Do what I say.

Article written by | Tim Willoughby

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:
Appointment Only

Phone:
St. Louis: 314-729-7750
Kansas City: 816-454-5600
Fax: 816-454-3678

Website - www.TimsLaw.com
Detailed Directions to Phil's office
Info about contacting the Willoughby Law Firm

"THE CHOICE OF AN ATTORNEY IS AN IMPORTANT DECISION AND SHOULD NOT BE SOLELY BASED ON ADVERTISING.

For truckers who feel retaliated against for complaining of safety violations, or for keeping an honest log, you have perhaps some of the most elaborate legal protections of any people in our society — congratulations

• On the surface, you of course enjoy all of our ordinary civil rights to punish the employer who does bad things to you when you commit the “wrong” of refusing to doctor your log, or you refuse to drive an unsafe rig.
• Yeah, we have some court cases that help us here — We can take care of you using the law of “Public Policy Discharge” and maybe some other legal doctrines — That’s what I mean by “ordinary civil rights”.
• But there is something else brewing in the background —

There is an 800 pound gorilla sitting on the coffee table, just for you — 31105 — 49 USC 31105 Call it three-eleven oh five

• 31105 looks like I wrote it myself — 31105 is not some watered-down piece of chamber-of-commerce negotiated crap — 31105 has teeth for employees — It’s the real deal folks. And it’s gift-wrapped for truckers only.
• I have never seen anything like 31105, for a specific industry.
• 31105 sets up a scheme of hearings, where the US Department of Labor MUST hold a hearing, and can award damages — and you can appeal, too — The real key is the “mandatory” language in 31105 — The USDOL MUST do things — And they have the authority to even award punitive-type damages.
• For comparison, consider that in discrimination cases, the EEOC is not required to even investigate — Their laws don’t require it. No one is “entitled” to a hearing.
• 31105 is cool, and is how our employment laws should be, and you as truckers are specially protected.

Article written by | Tim Willoughby

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:
Appointment Only

Phone:
St. Louis: 314-729-7750
Kansas City: 816-454-5600
Fax: 816-454-3678

Website - www.TimsLaw.com
Detailed Directions to Phil's office
Info about contacting the Willoughby Law Firm

"THE CHOICE OF AN ATTORNEY IS AN IMPORTANT DECISION AND SHOULD NOT BE SOLELY BASED ON ADVERTISING.

Dabblers in employment law harm a lot of people — even though the rules governing lawyers let them do their dabbling

• Lawyers “dabble” in employment law all the time, and mess up the cases due to not really knowing enough about the law and the system — See someone who knows what they are doing please — This arises from good intentions — The guy who handled your car accident 5 years ago agrees to talk to you about your potential discrimination case today — which could be bad news for you.
• The dabbler in employment law does not do you any favors in many cases — they make things worse, very often.
• Possibly, employment law should join patent law as a “specialty”. (FYI — Employment law is a “concentration” and not an official “specialty”)
• But as we sit here today, any lawyer from Podunk Missouri can “dabble” in employment law and mess up your potential case, and then I have to repair the damage.
• All lawyers are allowed to take on any cases they feel competent to do — But are we really competent to do employment law cases well, when we have not done any? (Don’t ask about “success rates” because almost everything settles out of court — But it takes really special knowledge to get the best type of settlement.)
• In my experience, so many lawyers know so little about employment law that they should not touch these cases. These cases are toxic for those who do not know whereof they speak — Words mean things — Did you grasp what I just said?
• FYI to lawyers: Non-competes are legal, even if they may not be enforceable in a person’s unique setting. Don’t be telling people anything like “These things never hold up” — They frequently DO hold up, because YOU messed up the case.
• Don’t dabble in employment law.

Article written by | Tim Willoughby

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:
Appointment Only

Phone:
St. Louis: 314-729-7750
Kansas City: 816-454-5600
Fax: 816-454-3678

Website - www.TimsLaw.com
Detailed Directions to Phil's office
Info about contacting the Willoughby Law Firm

"THE CHOICE OF AN ATTORNEY IS AN IMPORTANT DECISION AND SHOULD NOT BE SOLELY BASED ON ADVERTISING.

Governor Jay Nixon is the best friend you have in the Missouri legislative process

The Republicans are dead-set on harming your current employee rights, and the Governor’s veto power is the ONLY thing standing in their way. Thank the Governor. And help him.

• Do not believe the Republicans on issues related to civil rights or worker rights — They are your enemy — (Are YOU more qualified to make this nasty judgement, or am I?)
• I watch the details and you don’t.
• The Republicans really are opposed to worker rights.
• They work in the background, with dirty-details provisions in laws, to harm your interests and satisfy their corporate donors
• But some individual legislators may disagree, and yet play along for political reasons, as Presidential Candidate Rick Santorum candidly admitted recently when he talked about “taking one for the team” — which means voting for something he does not believe in — This type of attitude is way way more common at our local level than it is on the Federal level, and happens all the time — Fight back against “the team”.
• If you think that I don’t know how the system works, well you would be naive, and possibly one of the people seduced by Rush and by Fox into voting for your enemies.
• And the Republicans can possibly get enough support from “Conservative Democrats” to over-rule vetoes by the Governor, so your rights are in jeopardy.
• Have I already said that your rights are under attack by your “family-friendly” Republican legislature? If so, I apologize for repeating myself. But your meager rights are under attack by these people who are holier-than-thou.
• I wonder — If we did a poll, would working people want MORE or LESS job rights? Republican politicians are aggressively working to make LESS rights. The minority Democrats are futilely working to make MORE rights.
• You will not get stronger employee rights from a Republican-controlled legislature.
• Support the Governor. Help him any way you can — If you are unemployed, then you probably have some extra time to spend working for him..
• Your current Governor has been your friend — He vetoes bad bills passed by your enemy —> the Republican-controlled Missouri Legislature.

Article written by | Tim Willoughby

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:
Appointment Only

Phone:
St. Louis: 314-729-7750
Kansas City: 816-454-5600
Fax: 816-454-3678

Website - www.TimsLaw.com
Detailed Directions to Phil's office
Info about contacting the Willoughby Law Firm

"THE CHOICE OF AN ATTORNEY IS AN IMPORTANT DECISION AND SHOULD NOT BE SOLELY BASED ON ADVERTISING.

I know this sounds weird from a geek like me, but nothing much good comes from social media, as regards the employment relationship and the growth of your career — Let the kids do social media, and you and me keep it private, except for my website of course.

Employers hire firms to review your blog postings, your Facebook postings, your Twitter feeds, etc, etc, etc, and then the employers make decisions about what kind of person you are — Is that fair? (No) — Is that illegal? (Probably not, but let’s reserve that talk for private consults, because there may be some arguments to make) — But your social media postings really can hurt your career, and that’s my point.

• Real career growth still tends to come from personal contact with those in a position to influence a hiring decision — You make these contacts at seminars and meetings, etc — It remains true that “It isn’t WHAT you know; It’s WHO you know” — And there is no substitute for personally knowing someone — not yet, anyway, and social media doesn’t get you there often enough to offset the dangers, in my opinion.
• I have never heard of social media getting anyone a job
• Generally, if an employer’s investigative firm wants your password — Come see a lawyer right away.
• I have heard of, and had to deal with, social media causing all manner of job problems, though. So be careful.

• Always think carefully before posting online, because it is forever.

  I, myself, have decided to go public — But my employer is YOU, not some heartless company with a witch as an HR manager — And I have some degree of confidence that YOU won’t hold it against me that I advocate for Employees.

  I have no aspirations to becoming employed by the big management-focused law firms, and won’t be applying to them for a job. So I don’t give a care about how these potential employers view my postings .And it is actually good for my clients that those a-holes know where I stand.

  And they ARE very commonly a-holes.

  But YOU can’t be like me — YOU have to worry about this kinda stuff, the social media and public stuff, for the sake of your career.

  And if anyone does not like what I say, then we are into the old saying —> The cure for “bad speech” is “more speech”.

  So start your own website and preach for how we need FEWER employee rights, and then get about 10% of the population to agree with you, and possibly you could make a buck from right wing advertisers. — Go for it!

  Also, no Government Agency can give me any s-t either, on First Amendment grounds.

  YOU may have to worry very much about how future employers view YOUR postings, whereas I am safer due to my unique circumstances — You are in a very different position than I am — Heed the warnings of this article.

  FYI — I generally decline to speak with media when they call, because I say what I want to say online, and I tend to edit what I say, because the best writing is re-writing, and I have nothing more to say, live, to reporters — Speaking live to reporters is akin somewhat to spur-of-the-moment Facebook or Twitter posts — That stuff can hurt you, and is forever.

  Speak via email, chat and text msg — don’t speak publicly

• Let the little kids do the social media thing, if you must, but tell them that the things they say at 14y/o could haunt them for life.

• Consider staying away from LinkedIn. That site encourages you to post too much professional information, so that it makes it more difficult to structure the right summary of your credentials later, and also your reputation rises and falls with the reputations of those in your circle.

  Some people may possibly have benefited from LinkedIn, but none of my clients have, to my knowledge.

  And you are possibly giving a potential new employer too much information, for background check purposes — Be very careful.

  Do not be offended when I fail to respond to your LinkedIn request to add me as a contact — I never have responded to any such request from LinkedIn, and probably never will.

• Although there is no “central employment file” about us, there is Google — Try to understand the permanency of the Google record.

Article written by | Tim Willoughby

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:
Appointment Only

Phone:
St. Louis: 314-729-7750
Kansas City: 816-454-5600
Fax: 816-454-3678

Website - www.TimsLaw.com
Detailed Directions to Phil's office
Info about contacting the Willoughby Law Firm

"THE CHOICE OF AN ATTORNEY IS AN IMPORTANT DECISION AND SHOULD NOT BE SOLELY BASED ON ADVERTISING.

People have the misconception that the EEOC is some kind of government agency that exists to fight generic unfair terminations — it isn’t.

The EEOC (see my Discrimination article) exists ONLY to fight a few types of illegal discrimination, not generic unfairness.

Be careful — Those who file EEOC claims that are not well-founded in the types of law the EEOC handles, can destroy their potential cases — Don’t do that — Let a lawyer help you frame your case from the start, and either present your case to the proper agency, if there is any proper agency, or present arguments to the company to try to get you a deal.

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:
Appointment Only

Phone:
St. Louis: 314-729-7750
Kansas City: 816-454-5600
Fax: 816-454-3678

Website - www.TimsLaw.com
Detailed Directions to Phil's office
Info about contacting the Willoughby Law Firm

"THE CHOICE OF AN ATTORNEY IS AN IMPORTANT DECISION AND SHOULD NOT BE SOLELY BASED ON ADVERTISING.