FAQ

Generally, you have five years from the date of the truck accident to file a lawsuit. You will typically be unable to recover any compensation if you wait too long to take legal action, so do not wait to get legal advice.

In Missouri, you can still potentially recover some compensation even if you were partially at fault for a truck accident. Under the state’s pure comparative negligence rules, your compensation will be reduced according to your degree of fault in the accident. For example, if the court decides you are 25% responsible for the collision, your total damages will be reduced by 25%.

The duration of a truck accident lawsuit can vary significantly based on several factors. Straightforward cases where liability is clear and damages are well-documented might settle within a few months. However, more complex cases, especially those involving multiple parties, disputed liability, or significant injuries, can take one or more years to resolve. The initial stages can include gathering evidence, negotiating settlements, and possibly participating in mediation. If the case proceeds to trial, additional time will be required to accommodate court schedules, discovery, and final judgments. Engaging an experienced attorney can help streamline the process, as legal professionals understand how to efficiently navigate these legal procedures.

Yes, it’s possible to recover punitive damages in a product liability claim. In rare cases involving extreme negligence, the court may award punitive damages to deter similar behavior in the future. Unlike economic and non-economic damages, which are awarded to compensate the victim for losses, punitive damages are awarded solely to punish the defendant for especially reckless behavior. Consulting a knowledgeable product liability lawyer is important to accurately calculate damages and seek maximum compensation.

It depends. To constitute a defective product, the consumer must have used the product “in a reasonably anticipated manner.” However, if the company failed to provide adequate warnings or instructions, you may still be eligible to seek compensation. Consulting with a trusted lawyer is crucial to determine whether you have a valid claim.

In Missouri, the statute of limitations for premises liability lawsuits is generally five years from the date you were injured. Failing to bring a claim within this period typically results in losing the right to sue.

While five years is a substantial amount of time, it is in your best interest to seek legal advice as quickly as possible. The sooner you discuss your case with our team, the sooner we can start investigating and working to preserve evidence.

When a property owner is uninsured in a premises liability case, recovering damages becomes more complicated. Typically, when a property owner has liability insurance, their insurance company provides legal representation and covers the costs of a settlement or judgment up to the policy limits. However, if the property owner lacks insurance, the financial responsibility for any damages awarded in a lawsuit rests solely on the property owner.

In this scenario, you may face several challenges. Even if the court rules in your favor and awards damages, collecting on the judgment could be difficult if the property owner lacks sufficient financial resources or assets. The likelihood of receiving full compensation diminishes, especially if the property owner is unable to pay or opts to declare bankruptcy to discharge the debt.

Despite these challenges, other avenues of recovering the compensation you deserve may be available. We can help investigate whether any other parties who may have insurance, such as property managers or maintenance companies, share liability for the premises. Our attorneys can also seek alternative dispute resolution methods, such as mediation or payment plans, to negotiate a feasible settlement.

While it is technically possible to file a premises liability lawsuit without an attorney, hiring a lawyer with experience in this field is likely in your best interest. Premises liability cases can be complex, requiring a detailed understanding of legal nuances, evidence collection, and procedural rules. A lawyer can help you successfully navigate these complexities by crafting and submitting all necessary legal documents accurately and on time.

A seasoned attorney will also possess the skills to investigate the incident thoroughly, gathering evidence and expert testimony crucial for substantiating your claim. Lawyers can effectively negotiate with insurance companies and opposing counsels to potentially secure a fair settlement without the need for a lengthy court trial. In scenarios where a trial becomes unavoidable, an attorney can advocate on your behalf and persuasively present your case to a judge or jury.

Under Missouri law, the statute of limitations for filing a pedestrian accident claim is generally five years from the date of the injury. Failure to file your claim on time can result in the loss of eligibility for compensation. Consulting with an experienced attorney is paramount to exercising your right to a fair settlement.

Yes, you can still seek damages in a pedestrian accident claim even if you were partially liable for the accident. Missouri follows the pure comparative negligence rule, and plaintiffs can recover compensation even if they are 99% at fault. However, the final compensation awarded will be reduced by your percentage of the fault. For example, if you are found to be 20% at fault for a pedestrian accident totaling $100,000 in damages, you would only receive $80,000 ($20,000 less than the original value).

It depends on the case. Some claims are settled out of court within a few months, while others can take years to resolve. Some influencing factors include the severity of the injuries, potential liability disputes, and the possibility of litigation if the insurer refuses to reach an agreement. A knowledgeable pedestrian accident lawyer can give you a better idea of anticipated timelines, keep you informed about your case’s progress, and represent your best interests at trial if necessary to secure a just settlement.

Wrongful injuries often result in tremendous physical, emotional, and financial burdens for victims and their loved ones. While it may be tempting to cut costs by waiving your right to an attorney, securing legal representation can mean the difference between recovering maximum compensation and walking away with nothing. In some cases, the court may require the defendant to cover your legal fees as part of the final settlement. No matter your legal situation, our lawyers can work diligently to hold negligent parties accountable.

Being injured on the job can be painful, disorienting, and confusing. Knowing your rights after a construction accident is paramount to holding negligent parties accountable and prioritizing your physical, emotional, and financial well-being during this stressful time. Here are some important steps to take after a construction accident:

1. Seek medical attention: Your health should be your top priority after a construction accident. Even if you lack apparent injuries, seeking immediate medical care is important to rule out underlying harm and create a formal record of your injuries.
2. Notify your employer: Next, report the accident to your employer as soon as possible. Failure to report the accident within the appropriate timeframe can result in the loss of eligibility to recover compensation.
3. Gather evidence: If possible, document the accident scene by taking photos or videos of your injuries, any hazardous conditions, and other details that may be relevant to your claim later on.
4. Collect witness information: Exchange contact information with any witnesses who saw the accident occur. Their testimonies may be used to strengthen your case.
5. Consult a construction accident lawyer: The last thing you need during a stressful recovery is additional stress. A qualified attorney can help you file your claim within the statute of limitations, gather evidence to prove liability, and fight for the fair settlement you are entitled to.

In Missouri, the statute of limitations for construction accident claims is generally five years from the date of the accident. Seeking sound counsel is critical to filing your claim correctly and on time. Failure to file within this timeframe can prohibit you from recovering compensation, making it crucial to secure legal representation as soon as possible after a construction site injury.

It depends on the case. While many claims are settled outside of court within months, more complex cases can take years to reach a settlement, especially when insurance companies try to evade fair payouts. In the event of liability disputes, partnering with a seasoned litigator can make all the difference by safeguarding your rights and representing your best interests at trial if necessary.

While it can be frustrating to see your claim delayed by litigation, settling for the insurer’s first offer can deprive you of the full compensation you need for your injuries, especially if you require long-term rehabilitation or treatment. A skilled trial lawyer can prevent you from settling for less than you deserve. At Sedey Harper Westhoff, our advocates have litigated hundreds of cases across the country, giving you peace of mind that your claim is in experienced hands.

While you can represent yourself in a car accident lawsuit, doing so can often be more disadvantageous than beneficial. Car accident cases involve complex legal standards, intricate procedures, and rigorous documentation requirements that can overwhelm those without a legal background.

Personal injury attorneys are well-versed in the nuances of these cases. They possess the skills to interpret legal jargon and meet specific court requirements and deadlines. Without this knowledge and experience, individuals might make costly errors, miss critical deadlines, or fail to adequately present evidence, potentially undermining their case. Furthermore, insurance companies often take advantage of unrepresented plaintiffs by offering lower settlements, knowing they lack the negotiation experience that seasoned attorneys bring to the table. By hiring a seasoned legal professional, plaintiffs may be more likely to achieve a fair compensation outcome and have the support needed to navigate the negotiation and litigation processes successfully.

The duration of a car accident lawsuit in Missouri can vary greatly, often spanning from several months to a few years. Several factors influence the timeline, including the complexity of the case, the willingness of parties to settle, the severity of injuries, and the court's schedule.

Initially, a lawsuit involves stages like filing a complaint, discovery, negotiations, and potentially going to trial. Discovery, a critical phase where both sides gather and exchange information, can extend the timeline based on the volume of evidence and the number of witnesses. If the case reaches a settlement, this may occur relatively quickly. However, if it proceeds to trial, it can take significantly longer. Retaining an experienced personal injury lawyer can help you navigate these processes efficiently.

If you are involved in a Missouri car accident where you may bear some responsibility, it is crucial to understand how the state's pure comparative negligence system impacts your ability to recover damages. Under this system, you can still seek compensation even if you are partially at fault for the accident. However, the amount of compensation you can receive will be adjusted according to your degree of fault.

In practice, this means that if you are deemed to have contributed to the accident, the total damages you are awarded will be reduced by your percentage of fault. For example, if the court determines you are 30% at fault and awards $100,000 in damages, you would only receive $70,000, reflecting a deduction equivalent to your share of the liability.

The statute of limitations for reporting workplace harassment to the Missouri Commission on Human Rights (MCHR) is generally 180 days from the date of the alleged incident. Failing to take legal action within this deadline can result in the loss of eligibility to pursue legal recourse, making it essential to seek legal counsel as soon as possible.

No, it’s illegal for your employer to retaliate against you for reporting workplace harassment. Under the Missouri Human Rights Act, employers are prohibited from punishing employees for making a harassment complaint or participating in an investigation. Common forms of retaliation include demotion, termination, reduced hours, or unfavorable alterations to job responsibilities.

If you have experienced any of these retaliatory behaviors at work, it’s important to seek legal counsel as soon as possible. Our seasoned attorneys can review your case with a practiced legal eye and work diligently to recover the compensation you deserve.

While employment discrimination and workplace harassment are both illegal, they refer to distinct concepts in employment law. Some key differences include:

• Workplace harassment refers to unwelcome conduct that creates an intimidating, hostile, or abusive work environment.
• Employment discrimination occurs when an employee is treated unfavorably specifically because of a protected characteristic, resulting in adverse employment actions like demotion or wrongful termination.

A knowledgeable lawyer can help you understand your legal options and seek justice by determining the best legal recourse for your specific case.

No. Employers are prohibited from taking retaliatory actions against employees who report illegal violations. Retaliation is not limited to wrongful termination, but encompasses a variety of retaliatory acts, including demotion, harassment, and any other punitive measures. If your employer retaliated against you for blowing the whistle, our lawyers can help you pursue justice in a whistleblower retaliation lawsuit.

The duration of a whistleblower lawsuit will vary on a case-by-case basis. Some cases are settled through negotiation or mediation within weeks or months, while more complex cases may take years to resolve, especially if your case proceeds to litigation. Our experienced attorneys can work tirelessly to resolve your case as efficiently as possible while fighting for the justice you deserve.

While whistleblowers may be eligible to file claims anonymously, it may be difficult for attorneys to investigate and gather evidence. Additionally, anonymity may not be guaranteed in court proceedings. It’s best to consult a qualified lawyer before deciding whether or not to file a claim anonymously.

No, you cannot file a sex discrimination lawsuit anonymously with either the EEOC or MCHR. Consulting with an experienced sex discrimination attorney can help you determine the best course of action for your specific case.

While sex discrimination and sexual harassment are similar concepts, they have important legal distinctions:

• Sex discrimination refers to the unfavorable treatment of employees because of their sex, affecting their employment opportunities, pay, promotions, or work conditions.
• Sexual harassment is a specific type of sex discrimination that includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

While sex discrimination encompasses a broad range of unfair practices, sexual harassment specifically refers to behaviors that create a hostile or intimidating work environment due to unwanted sexual attention. Regardless of whether you experienced sex discrimination or sexual harassment, our skilled advocates can thoroughly investigate your case to determine an appropriate legal recourse and help you pursue justice.

No. Independent contractors are generally prohibited from filing discrimination lawsuits because they are not protected under state or federal law. However, this doesn’t mean that pursuing justice isn’t possible.Consulting with a knowledgeable attorney is imperative to understand your legal options and protect your rights in the workplace.

To recover compensation in a sex discrimination case, the employee must prove that their employer treated them differently because of their sex. Some examples of relevant evidence include documents or records that demonstrate unequal pay, biased policies, or differential treatment based on gender. If you’re preparing to file a sex discrimination complaint in St. Louis, our lawyers can help you prepare by fortifying your claim with strong evidence and presenting a compelling case on your behalf.

Depending on the case, various types of compensation may be available in a sex discrimination claim. Consulting a trusted legal representative is imperative to accurately calculate available damages and pursue a favorable outcome.

Common recoverable damages include economic damages like back pay (lost wages), front pay (future lost wages), lost benefits (such as health insurance or retirement contributions), and any medical expenses related to the incident.

Employees can also seek non-economic damages, such as emotional distress and loss of enjoyment of life. While punitive damages may be awarded to punish the defendant for extreme negligence, Missouri law caps punitive damages at $500,000 or “five times the net amount of the judgement awarded to the plaintiff”—whichever is greater.

Attempting to negotiate your severance package without a lawyer is not generally advisable due to the complexity and legal nuances involved. Severance agreements often contain legal jargon and conditions that can have lasting implications on your future employment and financial security. Without legal expertise, there's a risk of overlooking crucial terms that might limit your rights, such as non-compete clauses, overly restrictive confidentiality agreements, or waiver of future claims. Additionally, a lawyer can offer valuable insights into what constitutes a fair offer based on industry standards and your unique circumstances. They can also identify potential leverage points, especially if there are grounds for legal claims like wrongful termination or discrimination. Attempting to navigate these discussions alone might result in accepting a less favorable package, leaving you vulnerable to unforeseen consequences.

Signing a severance agreement is not mandatory, and whether you choose to do so depends on several factors related to your specific situation and the offer presented by your employer. First and foremost, you need to understand what a severance agreement entails – typically, it includes terms like a release of claims, non-compete clauses, and confidentiality agreements in exchange for a financial payout or other benefits. Before deciding to sign, it's crucial to evaluate whether the compensation provided aligns with your needs and the potential rights you might be waiving.

One key consideration is the presence of any potential legal claims against your employer. If you believe that your termination was unjust or discriminatory, signing a severance agreement could bar you from pursuing these claims in the future. Moreover, if the offered package seems inadequate compared to your contributions or industry standards, it might be worth negotiating or seeking legal advice.

Understanding the long-term ramifications of signing is imperative. Non-compete clauses, for example, might temporarily limit your future employment opportunities within your industry.

Ultimately, while there is no legal obligation to sign a severance agreement, doing so may be beneficial in certain scenarios, especially when a generous package is offered that satisfactorily compensates you for your departure. Before making a decision, consider discussing the terms with our St. Louis severance negotiation lawyers to confirm that they are in your best interest.

If your employer is insisting you sign a severance agreement ahead of your exit, you should proceed with caution, even if the offer amount appears to be generous. There is likely a reason they are eager for you to sign your rights away.

Resist the urge to sign the document immediately, despite any urgency your employer may imply. Instead, request ample time to review the terms – this is a standard and reasonable request that most employers will grant. During this review period, it is highly advisable to consult with an employment attorney who can provide insight into the terms and ramifications of the agreement.

Analyzing the agreement with a lawyer's assistance can help you fully understand any legal language, clauses, or conditions that may have significant implications for your future, such as non-compete agreements, confidentiality clauses, and waivers of potential legal claims. Our legal professionals at Sedey Harper Westhoff can also evaluate the fairness of the severance package in the context of industry standards and your personal contributions to the company. If there are elements of the offer that seem inadequate or if there are potential legal claims regarding your termination, we can help you negotiate better terms.

If your company refuses to negotiate a severance offer or declines to provide any type of severance package, try to verify whether there are any underlying reasons for your employer's reluctance. There might be company policies or standard practices that limit their flexibility in altering or offering severance agreements. Understanding this context can provide insights into how to proceed.

Next, assess the potential of any leverage you may have. Having valid legal grounds for a claim against your employer, such as wrongful termination or discrimination, can be a significant bargaining chip. In such cases, consider engaging with an employment attorney. Our St. Louis severance negotiation attorneys can provide personalized advice on whether a legal claim is viable and how to position it within the severance negotiation context to potentially reopen discussions. We can also evaluate whether the severance offer meets industry standards or if there are exceptional circumstances that might justify further negotiation.

If your employer remains firm in their stance, consider focusing on alternative forms of negotiation. While increasing the monetary aspects of the severance might not be possible, other elements could be negotiable. For example, look into the possibility of extending healthcare benefits, securing positive references, or requesting assistance in finding future employment. These non-monetary aspects can be valuable and influential in your career transition.

Finally, reflect on the overall severance package in light of your current situation and future aspirations. It might be the case that maintaining a positive relationship with the employer is more beneficial than pursuing an aggressive negotiation, particularly if you are assuming a position within a similar industry. Sometimes, amicable closure with a reasonable package can be more advantageous in the long term than intensifying disputes.

Generally, the expenses involved in pursuing a sales commission dispute lawsuit can be categorized into filing fees, attorney’s fees, and additional costs related to gathering evidence and expert testimonies. While these costs can be significant, keep in mind that your employer will most likely be required to cover these expenses if you win your case. In your consultation with our team at Sedey Harper Westhoff, we can advise whether you have a strong claim and review what you can expect to recover.

Representing oneself in a sales commission dispute case can seem appealing due to potential cost savings. However, the complexities of legal proceedings and the specific intricacies of contract law present significant challenges for those without formal legal training. You may find it difficult to accurately interpret and apply legal statutes, which can lead to procedural errors or missed opportunities to strengthen your case. Legal processes involve detailed documentation and adherence to strict timelines, errors in which can jeopardize your case or even lead to its dismissal.

Facing an opposing party likely armed with professional legal representation places a self-represented individual at a disadvantage. Again, if you prevail, your employer will likely be obligated to cover your attorney’s fees, so it is not in your best interest to represent yourself if your goal is to save money. Our St. Louis sales commission dispute lawyers have skills to argue your case aggressively and persuasively.

Missouri enforces a ten-year statute of limitations for breach of contract lawsuits involving non-payment of money. You will understandably want payment much sooner, so don’t wait to reach out.

Lawsuits can typically take many months or even years to resolve. Disputes involving unpaid sales commissions following termination are unique, however, in that state law ties a sales representative’s compensation to the length of time they are wrongfully not paid. For example, if you were fired in April and owed final commissions in May but was not paid until August, your employer also owes you compensation for the months of June and July. The amount of this compensation is based on your average commission earnings.

This dynamic incentives companies to pay departing sales representatives promptly. Some organizations may not initially realize this reality at first, and, when presented with the relevant statutes, may quickly find the financial resources to pay the sales representative and settle the case. This can allow us to resolve many disputes fairly quickly, though some cases may still require litigation to force an employer to comply with the law.

In Missouri, if you successfully prove that you have been subjected to retaliation, you may be entitled to various forms of damages. The specifics can depend on the circumstances of your case and the nature of the retaliation. We understand how to accurately calculate damages in these cases and can pursue the maximum amount available under the law.

Recoverable damages can include back pay for lost wages due to wrongful termination or demotion, reinstatement to your previous job position, and compensation for any benefits you lost as a result of the retaliatory actions. In addition to compensation for quantifiable financial losses, you may also be eligible for damages related to emotional distress caused by the experience.

Furthermore, Missouri courts may award punitive damages in cases where an employer's conduct is deemed particularly malicious or egregious. Punitive damages are intended to punish the wrongdoer and deter similar future behavior.

The duration of a retaliation lawsuit in Missouri can vary widely depending on several factors, such as the complexity of the case, the willingness of parties to settle, and the court's schedule. On average, such lawsuits may take anywhere from several months to a few years to resolve.

Initially, the process involves gathering evidence and filing the appropriate complaint with the court, which can take a few weeks to months. Pre-trial procedures, including discovery and depositions, can extend over several months as both parties collect and exchange information. If the case goes to trial, scheduling and trial proceedings may add additional months to the timeline. However, many cases are settled out of court, potentially shortening the duration considerably. We can walk you through how the legal process will work and provide regular updates as your case progresses so that you know what to expect.

While you technically can represent yourself in a retaliation case, doing so is typically not advisable due to the complex nature of employment law and legal proceedings. Self-representation can put you at a disadvantage, as the legal system is intricate and requires a deep understanding of procedural rules, evidence gathering, and case law, which you may not possess.

Employment law attorneys can provide invaluable guidance in navigating these complexities. Our team has the skills necessary to negotiate with the opposing party or their legal team, potentially securing a more favorable outcome than an unrepresented individual might achieve. Furthermore, we can help identify and counter any defenses your employer might raise. Without legal representation, you might miss critical deadlines or fail to properly present evidence, which could jeopardize your case. Hiring an attorney can significantly enhance your chances of success.

Proving a retaliation case requires gathering compelling evidence that demonstrates a link between engaging in a protected activity and the adverse action taken against you by your employer. We can help compile essential evidence and present it effectively during legal proceedings.

Key pieces of evidence you should work to gather for your retaliation case include:

• Documentation of protected activities. Keep records of any complaints or reports related to discrimination, harassment, safety violations, or other wrongdoing that you might have filed, whether they were verbal or written. This helps establish your participation in a protected activity.
• Adverse action evidence. Collect documentation showing the adverse actions you faced afterward, such as termination letters, demotion notices, pay reduction slips, or changes to job responsibilities. These should clearly highlight the detrimental effects that you suffered.
• Timeline correlations. Establish a clear timeline that indicates the proximity between your protected activity and the adverse action, which can demonstrate a cause-and-effect relationship. A short time span between these events can strengthen your case.
• Witness statements. We can help gather statements from colleagues or supervisors who can attest to your performance and the circumstances surrounding the adverse action. Their testimonies can corroborate your account and provide an unbiased view of the situation.
• Performance records. Maintain copies of your performance evaluations before and after the protected activity. Evidence showing a sudden or unexplained negative shift in evaluations can help prove retaliatory motives.
• Direct or indirect communications. Preserve emails, messages, or notes that include relevant communications between you and the employer or colleagues before and after the protected activity. Any admission of retaliation or implied threats in these communications can be vital.
• Patterns of retaliation. If applicable, gather evidence indicating a history of retaliatory behavior by the employer against other employees who engaged in protected activities. This can help demonstrate a pattern of behavior consistent with retaliation.

In Missouri, the statute of limitations for filing a race discrimination lawsuit is 180 days from the date of the discriminatory incident. While some exceptions may apply, consulting an attorney is imperative to file your claim within the appropriate deadline and seek justice in a race discrimination lawsuit.

The road to recovering compensation in a race discrimination lawsuit can be long and arduous, especially when standing up to a powerful company or employer. While it may be tempting to cut costs by waiving your right to legal representation, hiring a race discrimination lawyer can significantly affect the outcome of your claim.

Keep in mind that the employee bears the burden of proof in race discrimination cases, meaning you are responsible for proving that you suffered an adverse employment action as a direct result of race discrimination. Securing experienced representation is essential to gather evidence, build a robust case, and protect your rights during the legal process.

Common recoverable damages in a race discrimination lawsuit include back pay for lost wages and front pay for future lost earnings. The employee may also receive non-economic damages for emotional distress. In some cases, the court may require the employer to cover your legal fees to alleviate the financial burden of seeking justice. Your lawyer can help you calculate available damages in your case to pursue a fair settlement.

No, you cannot file a race discrimination lawsuit anonymously. Courts generally require both parties to disclose their identities to ensure transparency and fairness during the legal process. Both the EEOC and Missouri Human Rights Commission (MHRC) require employees to provide their names and contact information on the official complaint form. However, your lawyer can advise you on potential measures to protect your privacy as much as possible, such as by requesting that certain documents or sensitive information remain confidential.

It depends. The duration of a race discrimination lawsuit will vary depending on the specifics and legal complexity of your case, as well as the level of cooperation from involved parties. Some cases are settled within a few months, while more complex cases can last years. Consulting with a race discrimination lawyer can significantly streamline the process and improve the chance of a timely resolution.

If you win an overtime or minimum wage lawsuit, you are typically entitled to recover the unpaid wages owed. In addition, Missouri law and the FLSA may allow for "liquidated damages," which can potentially double the unpaid wages as a penalty for willful violations. This means that if you were owed $1,000 in unpaid overtime, for example, you could potentially recover an additional $1,000 in damages, totaling $2,000. You can also generally recover compensation for attorney’s fees and court costs.

You should generally assume you only have two years from the date the wage violation occurred to file a claim with the Missouri Department of Labor and Industrial Relations. You may have up to three years from the date of a willful violation (meaning your employer either knew they were violating the law or showed reckless disregard for their legal obligations) to file a claim at the federal level with the U.S. Department of Labor. Any claim filed after these deadlines may be dismissed, eliminating your chance to recover unpaid wages.

While you do have the right to file an unpaid wage claim without an attorney, doing so is not usually advisable. Your employer will likely have their own legal representation, and going up against them without professional legal training or knowledge can make it challenging to prevail, even when the facts are on your side.

Hiring an attorney to assist with your wage claim can provide significant advantages in navigating the complexities of labor law and securing a favorable outcome. An attorney experienced in wage disputes can offer invaluable expertise and guidance throughout the legal process, from gathering and organizing necessary evidence to filing the claim with the appropriate authorities or courts.

Negotiating the terms of a non-compete agreement before signing is not only possible but also advisable. As an employee, you have the right to discuss and request amendments to any contractual terms that might impact your future career prospects. Starting the conversation about the non-compete agreement early in the hiring process can lead to more favorable terms. Always have a lawyer review the agreement to confirm that any negotiated terms are clearly documented and enforceable.

Here are a few areas you might consider negotiating:

• Scope and specificity. Narrow down the scope of activities considered competitive so that it only includes essential responsibilities directly related to the business.
• Geographic limitations. If applicable, try to limit the geographical range to a smaller area or clarify the necessity of such restrictions to prevent unreasonable limitations on future job opportunities.
• Time restrictions. Aim for a shorter duration, proposing a timeframe that is reasonable given industry standards while still protecting the employer's interests.
• Consideration and additional terms. Discuss what benefits or compensation you can receive in return for agreeing to the restrictions, such as a signing bonus or guarantees of severance pay.

Unfortunately, your former employer may attempt to enforce a non-compete agreement even if it appears to be patently invalid. You should discuss your case with a qualified employment attorney to verify whether the agreement you signed is enforceable. Upon determining that the non-compete is likely unenforceable, your lawyer can assist in drafting a response to any legal threats or cease-and-desist letters from your former employer. This response might outline the grounds on which the agreement is invalid and provide a formal objection to the enforcement attempts. Your former employer may back off after you hire an attorney, but if they choose to proceed, you may have to go to court to challenge the enforceability of the non-compete.

In general, courts tend to favor non-compete clauses that are reasonable in duration, balancing the employer's need to protect legitimate business interests with the employee's right to pursue their career. Typically, non-compete agreements range from six months to two years. Anything beyond this may be deemed unreasonable and unenforceable by the court. However, some industries with longer innovation cycles, such as technology or pharmaceuticals, might justify longer durations to protect proprietary information. If you have concerns about the duration of your non-compete’s restrictions, we encourage you to seek legal advice to confirm that the time constraints of your agreement align with both industry standards and local laws.

Whether you can work for a competitor after leaving your previous job largely depends on the terms of any existing non-compete agreements you might have signed. Before deciding to join a competitor, you need to review any applicable non-compete agreement in detail to understand its restrictions and verify compliance. Failing to adhere to the terms could lead to legal challenges from your former employer, potentially including cease and desist letters, legal threats, or even lawsuits.

If you suspect the non-compete agreement is unenforceable due to overly broad terms, lack of consideration, or failure to protect a legitimate business interest, you should schedule a consultation with an employment law attorney. Legal advice can help you evaluate your options and strategies for challenging the agreement. Furthermore, if your agreement does not explicitly prohibit you from taking a particular position or if the tasks in the new role do not overlap significantly with your previous responsibilities, your risk may be minimized. Each situation is unique, so understanding the specifics of your non-compete, the legal standards of your jurisdiction, and potential risks is key.

Relocation can be a daunting prospect, especially when it is motivated by the need to avoid violating a non-compete agreement. Whether you may be compelled to relocate will depend heavily on the terms of your specific agreement. Generally, non-compete agreements define geographical restrictions over which an employee cannot work for a competitor. If these restrictions are narrowly tailored and deemed reasonable, they could effectively limit job opportunities within a defined area.

However, while a non-compete might restrict you from working in a certain location, it does not necessarily force you to relocate. The requirement to relocate may not be enforceable if it infringes upon personal freedom and causes undue burden. You may have grounds to challenge the reasonableness of these constraints, especially if they demand moving across state lines.

Consulting with an employment attorney is essential to understanding your rights and options. Our team at Sedey Harper Westhoff can provide guidance on whether your non-compete agreement's geographical scope is overly broad or unreasonable and thus unenforceable. Furthermore, our attorneys can help negotiate with your employer to modify the terms of the non-compete or contest any attempts by the employer to force relocation.

If you experienced religious or national origin discrimination at work, you likely only have 180 days from the date of the discriminatory act to file a claim with the Missouri Commission on Human Rights (MCHR), the state agency that handles these complaints. Meeting this deadline is crucial, as failure to file within this period generally results in the loss of the right to pursue the claim through the MCHR. While you have up to 300 days from the date of the discriminatory act to file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC), our firm prefers to handle these cases at the state level.

Successfully proving national origin or religious discrimination allows you recover compensatory damages, which aim to reimburse you for actual losses incurred due to the discriminatory act. This can include lost wages, benefits, and any out-of-pocket expenses like medical costs related to the stress caused by the discrimination. If you were wrongfully terminated or demoted, you may be reinstated to your former position or a comparable one.

In addition, you may be awarded damages for emotional pain and suffering, as these experiences can have severe personal impacts. Furthermore, the court may order injunctive relief, which involves changing specific policies or practices within your employer’s organization to prevent ongoing discrimination.

The timeline of an executive severance lawsuit typically unfolds in several key stages, each of which can vary in duration depending on the complexity of the case and the willingness of the parties to negotiate. Initially, we may attempt to negotiate with your employer and emphasize our willingness to take formal legal action if your rights are not honored. The involvement of an experienced attorney may compel some employers to rescind their denial and issue promised severance pay.

If filing a lawsuit becomes necessary, the process begins with the filing of a legal complaint, where our team articulates the basis of your claim and the specific breach you allege. Following the complaint, the discovery phase commences, during which both parties gather evidence, exchange documents, and conduct depositions to build their respective cases. This phase can be extensive, particularly if the case involves intricate details or numerous contractual ambiguities. Once discovery is complete, you and your employer may mutually opt to enter mediation or settlement negotiations to resolve the dispute without proceeding to trial. If a settlement cannot be reached, the case moves forward to trial, where both sides present their arguments before a judge or jury. This stage can be lengthy due to procedural requirements and the complexity of legal arguments involved. Finally, after a judgment is rendered, there may be post-trial motions and potential appeals, further extending the litigation timeline as both parties seek a favorable outcome.

While you have the right to represent yourself in an executive severance lawsuit, doing so is generally not advisable due to the complex nature of these legal disputes. Executive severance cases encompass intricate contract language, nuances of employment law, and strategic negotiation tactics that require comprehensive legal knowledge. Without professional guidance, you might struggle to interpret contractual ambiguities effectively or miss opportunities to present compelling evidence.

Furthermore, self-representation may place you at a disadvantage against opposing counsel, who likely possesses extensive experience in employment litigation. The legal system's procedural complexities can also be overwhelming, making it difficult for someone without formal training to effectively navigate the stages of discovery, mediation, and trial effectively.

The enforceability of a non-compete clause in a Missouri executive severance package hinges on several factors, requiring careful examination under state law. In Missouri, non-compete agreements are generally enforceable if they are reasonable in scope, duration, and geographic area. To be considered reasonable, the clause must protect your former employer’s legitimate business interests, such as confidential information or customer relationships, without imposing unnecessary restrictions on your ability to work. Additionally, the agreement's terms must be clear and not overly broad in defining what constitutes competition. If the restrictions are deemed excessive, a court may modify or invalidate the clause. Our team at Sedey Harper Westhoff can also assist with non-compete agreements and walk through your options if you are concerned about the potential impacts of these clauses.

If you are a victim of disability discrimination, time is of the essence. To recover compensation, you must file a claim within 180 days from the date of the discriminatory act. Failure to file within this timeframe can prohibit you from seeking justice, making it imperative to secure experienced representation as soon as possible.

Disability discrimination can impose significant physical, emotional, and financial stress on affected employees. While it may be tempting to cut costs by waiving your right to a lawyer, working with an attorney can mean the difference between recovering compensation and walking away empty-handed.

When your health and economic security are at stake, don’t settle for less-than-experienced representation. At Sedey Harper Westhoff, our attorneys are nationally recognized as some of the best employment lawyers in the country. With over $10 million recovered for our clients, you can trust us to protect your rights from start to finish.

It depends on the case. While many disability discrimination lawsuits are settled outside of court within months, others can take several years to resolve. Some influencing factors include the potential for litigation, appeals, or employer or insurance disputes. Your attorney can give you a better idea of what to expect and work diligently to help you achieve a timely resolution.

While you can represent yourself in a breach of contract lawsuit, doing so comes with significant risks and challenges. The complexities of contract law require a nuanced understanding of legal principles, procedures, and the intricacies involved in presenting a case effectively in court. Without professional legal training, you may struggle to accurately interpret contract language, gather relevant evidence, or comply with procedural requirements, potentially undermining your case.

Your employer will likely be represented by experienced legal professionals, placing you at a disadvantage in legal arguments and negotiations. Missteps in any part of the process can have detrimental consequences, including the possibility of an unfavorable verdict. An experienced employment law attorney who handles breach of contract cases can help you avoid common mistakes, build a strong claim, and effectively combat your employer’s arguments.

The duration of a breach of contract lawsuit can vary significantly based on a variety of factors. Typically, these cases can take anywhere from several months to several years to resolve. The timeline is influenced by the complexity of the case, the court's schedule, and whether the dispute can be settled outside of court. Initially, after filing the lawsuit, parties engage in a discovery phase, which involves the exchange of pertinent documents and information. This phase can be lengthy, depending on the amount of evidence and the level of cooperation between parties. If the case progresses to trial, scheduling, preparation, and the trial itself add to the duration. However, it's common for cases to be settled before reaching trial, especially if both parties are inclined to avoid prolonged legal battles.

In Missouri, the statute of limitations for filing a breach of contract lawsuit depends on the type of contract in question. For written contracts – including employment agreements – the statute of limitations is typically five years from the date of the breach. Failing to file within this timeframe usually results in the case being dismissed.

Yes, you have the right to negotiate a settlement with your employer. Settlement negotiations can be initiated at any stage of a contractual disagreement, even before formal legal proceedings begin. An attorney experienced in employment law can provide valuable insights and help draft settlement terms that protect your rights. They can also act as intermediaries, reducing tensions and facilitating a smoother negotiation process.

Bear in mind that accepting a settlement in a breach of contract dispute typically involves signing a settlement agreement, which usually includes a release clause. This clause effectively prevents you from pursuing any further legal action related to the same issue against your employer. The release is a legally binding promise stating that, in exchange for the agreed-upon terms and compensation, you give up your right to sue or continue litigation over the alleged breach of contract. This underlines the importance of ensuring the settlement adequately addresses all your concerns and compensates you fairly for any damages or grievances.

Our St. Louis breach of contract attorneys can negotiate on your behalf and seek a fair resolution that avoids a lengthy court battle. If your employer refuses to offer an acceptable settlement, we are not afraid to litigate.

Determining whether you have a valid age discrimination claim requires a careful examination of the circumstances and facts surrounding your situation. Remember, age discrimination in the workplace can be extremely subtle and challenging to prove, so if you aren’t entirely certain whether you have a claim, it is in your best interest to consult an experienced employment lawyer.

Here are key elements to consider:

• Evidence of discriminatory behavior. First, identify any direct or indirect evidence that suggests age-related bias. This includes ageist remarks from supervisors or coworkers, patterns of exclusion from projects or promotions, and any unjustified adverse employment actions that seem tied to your age. It's important to gather documentation like emails, notes from meetings, or witness statements that support your claim.
• Comparative treatment. Evaluate whether younger employees are treated more favorably in similar situations. Examples include being consistently chosen for promotions, receiving better performance evaluations without substantial justification, or facing different standards for misconduct. These comparisons can help highlight potential discrimination.
• Adverse employment actions. Identify any specific actions that have negatively impacted your employment. This includes firing, demotion, salary cuts, or undesirable job reassignments directly linked to your age. Conversely, consider if you have faced less overt actions, such as being geographically relocated or deliberately given menial tasks, that reflect a pattern of discriminatory behavior.
• Employer's justification. Consider the reasons provided by your employer for the actions in question. If their explanations seem pretextual or inconsistent, this could serve as evidence of discriminatory intent. Look for contradictions in rationale or disparities in how policies are applied to younger versus older employees.
• Consistency with state law. The Missouri Human Rights Act specifically protects employees aged 40 and older and less than 70 years of age from discrimination. If you do not meet this age criteria, you likely do not have a case at the state level.

You cannot immediately file an age discrimination lawsuit against your employer, even if you have substantial evidence demonstrating egregious misconduct. Initially, you must file a complaint with the MCHR or the federal Equal Employment Opportunity Commission (EEOC). (Note that our firm generally prefers to handle age discrimination claims at the state level.) This is a mandatory step before any lawsuit can be pursued, as it initiates an investigation into your claim. The charge must be filed with the MCHR within 180 days from the date of the discriminatory act to preserve the validity of your case.

Once the charge is filed with the MCHR, they will review the complaint and may offer mediation as a means of resolving the issue. Mediation can allow both parties to negotiate a settlement without undergoing lengthy legal proceedings. If mediation is unsuccessful or not pursued, the agency will conduct a thorough investigation, gathering evidence, conducting interviews, and assessing whether there has been a violation of anti-discrimination laws.

Once 180 days have passed from the date you filed your complaint, you can ask for a “right to sue” letter. The MCHR will stop its investigation if you request this letter and will take no further action on your behalf.

If you don’t request this letter, they’ll complete their investigation and determine whether they have evidence that supports probable age discrimination. If they do think there’s probable cause, they will work to settle your case with your employer. If these negotiations are unsuccessful, they will proceed to a hearing, where a hearing examiner will make a final decision. If the MCHR doesn’t think they have enough evidence to pursue their own case, they will issue a letter saying so, and you’ll have a right to appeal.

Filing your own lawsuit involves drafting and submitting a formal complaint that outlines the discriminatory acts, the applicable laws, and the relief sought. Our St. Louis age discrimination lawyers can assist you with this process and aggressively fight for you in and out of the courtroom.

The duration of a Missouri age discrimination lawsuit can vary significantly depending on numerous factors, including the complexity of the case, the willingness of parties to settle, and the workload of the court system.

Again, you cannot sue until you have received a “right to sue” letter from the MCHR or EEOC. You can request this letter from the MCHR after waiting 180 days from the date you submitted your initial complaint.

Moving forward with a lawsuit may involve prolonged pre-trial proceedings, including discovery, where both parties gather evidence. The discovery phase itself can take anywhere from several months to over a year, depending on the scope of the evidence and any challenges that arise. Additionally, seeking resolution through mediation or settlement discussions can either shorten or lengthen the timeline based on the outcomes. If your case proceeds to trial, additional delays may occur due to scheduling and other procedural requirements.

We understand that the lengthy process of pursuing an age discrimination lawsuit can be incredibly frustrating. Our attorneys can keep you informed throughout each stage of the legal process and are prepared to work efficiently to get you justice.

An age discrimination lawsuit can result in one of several outcomes. One possibility is a settlement, which can occur at any stage of the litigation process. In a settlement, the parties agree on a resolution without proceeding to trial, often involving compensation for lost wages, damages for emotional distress, or other agreed-upon remedies. Settlements provide a quicker resolution and reduce the uncertainty and costs associated with a trial. However, not all employers are willing to settle, and some may make woefully inadequate offers.

If the lawsuit proceeds to trial, the court may rule in your favor, resulting in a judgment. This can lead to various forms of legal relief, including compensation for lost earnings and benefits, reinstatement to a previous job position, changes in workplace policies, or punitive damages in cases of egregious conduct by your employer. Your employer will also likely be responsible for covering your attorney’s fees and other court costs if you win your case.

If the court sides with your employer, they may dismiss your case. Should this occur, you will not receive any compensation or relief unless you successfully appeal the decision.