Articles
MMPA Claims Accrue When Damage Capable of Discovery
The Missouri Court of Appeals recently gave a refresher course on the time of accrual for claims under the Missouri Merchandising Practices Act (“MMPA”). In Ball v. Friese Construction Co., the plaintiff brought suit against the defendant for violations of the MMPA,...
Third-Party Beneficiaries in Missouri: An Overview
Missouri law is clear that to be considered a third-party beneficiary under a contract, the contract must clearly express an intent to benefit that party or an identifiable class to which the party belongs. Milligan v. Chesterfield Vill. GP, LLC, 239 S.W.3d 613, 622...
Duties During and Following Employment: What Rights and Duties Are There?
Things were looking pretty good for your sandwich shop chain. You had expanded into a new market, set up some catering contracts and hired a good manager for your new shop. You were even thinking about taking a little time off for a trip to the Caribbean to work on...
Deficiency Judgments After Foreclosure a Real Possibility in Missouri
Contrary to what some websites state, Missouri permits lawsuits to recover deficiencies between the amounts due under a note secured by a deed of trust and amounts bid in at foreclosure. Alarmingly, recent newspaper and online articles are suggesting that the holders...
Actions Indicating Desire to Keep Job Support Involuntary Discharge Over Voluntary Relinquishment
On October 4, 2011, the Missouri Court of Appeals reversed another decision by the Labor and Industrial Relations Commission (“Commission”) denying unemployment benefits to a claimant who had been involuntarily discharged from her employment. In Harris v. Div. of...
IRS and MO and IL DOLs’ Crackdown on Mischaracterizing Independent Contractors
Just a couple weeks ago, Missouri and Illinois, along with other states, entered into an agreement whereby the respective states’ DOLs will share information with the IRS in order to permit the IRS to more strictly enforce the wage and hour laws. Companies that...
Confusion over Alleged “Misconduct” Leads to Reversal of Unemployment Benefits Denial
Tab Evans was a Field Representative at Contract Callers, which performed services for St. Louis area utilities. On June 18, 2009, Evans was tasked to reconnect electrical service to Ameren UE customers in an apartment building. Evans tried to access the electrical...
Non-Compete Agreements and the Competitive Advantage: Where Do You Fit In?
"Whenever you face a man who's playing your instrument, there's a competition." Wynton Marsalis, American musician Just as musicians feel threatened by other musicians who play their instruments, employers feel threatened when former employees work for competitors...
Occupation Disease Claims No Longer Subject to Workers’ Compensation Law Exclusivity Provisions
On September 13, 2011, the Missouri Court of Appeals departed from well-established Missouri caselaw in holding that individuals may bring occupational disease claims through civil actions even though they may also have workers’ compensation remedies available for the...
Missouri Court of Appeals Reaffirms Stiff Burden for Showing Misconduct Precluding Unemployment Benefits
Section 288.030.1(23) of the Missouri Revised Statutes defines “misconduct” for purposes of unemployment benefits as: an act of wanton or willful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior...
Can I Comp the Overtime? Federal and State Laws Affecting Compensation
So you worked over 50 hours last week to pay off some debt and you can't wait for that overtime check? You are probably under the impression that your employer has a legal obligation to compensate you extra for your overtime hours. Not so fast. People often make the...
Businesses Should Not Overlook the Importance of Evidence Preservation in Today’s World of E-Discovery
Larger corporations have faced this reality for many years: litigation involving records can be extremely costly, very disruptive and just a pain in the “you-know-what.” Now smaller companies are also experiencing what their larger counterparts have known for some...