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Brian Robert Barjenbruch

Brian Barjenbruch’s Answers

60 total


  • Am I getting a wrongful termination?

    I am an at-will employe in Missouri, I have been employed with the company for over 4 years, and have recently caught wind that they may be considering letting me go due to "poor performance" or because I'm "not what they are looking for". Du...

    Brian’s Answer

    There are three categories of wrongful termination claims in Missouri, and your claim must fit into one of these categories, or no wrongful termination occurred.

    First, did the termination violate the terms of a written agreement concerning your employment? If so, you may have a claim for breach of contract.

    Second, was your termination due to your race, ethnicity, national origin, gender, age (over 40) or disability? If so, you may have a claim for violating state and/or federal laws for discrimination.

    Third, did the reason for your termination violate public policy? This happens in one of two ways. First, was your termination a result of your exercising a protected right, such as your right to vote, file a claim for a workplace injury or requesting time off under the Family Medical Leave Act. Second, was your termination the result of your telling either a governmental agency or a supervisor that the company you worked for was violating a state or federal law? If so, you may have a claim for wrongful termination.

    If none of these apply to you, you likely do not have a claim for wrongful termination. Missouri law does not protect people from being terminated for no reason or even faulty reasons, but only where a contract is violated, discrimination occurs or where public policy is violated.

    If one of these situations does apply, you should seek out representation by a lawyer as soon as possible. Many of these kinds of claims have a short time period in which the needed agency can be notified.

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  • Already ask no answer

    I bought a 1982 chevy pickup but had bad title paid a title recovery com but d m v says it was a con

    Brian’s Answer

    Please keep in mind that this recommendation is based on a limited number of facts provided in your question. Additional information may be required, and additional facts may change this recommendation. If you are in possession of the vehicle, you may be able to file a petition to quiet title in the trial court in your jurisdiction.

    Here's the problem--the expense of filing the quiet title action may be more than the vehicle is worth. Because a petition to quiet title involves requesting the title history on the vehicle with the Department of Revenue, filing a lawsuit, serving anyone who may have an ownership interest in the vehicle, and one or more court appearances, you may be looking at legal expenses in the $2,000 to $5,000 range. Unfortunately, this is why many of these issues are unresolved--the cost to do so is more than the value of the vehicle.

    I would definitely make contact with the Missouri Attorney General's office and ask to file a complaint against the seller. You may not be the only victim.

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  • Can i sue my past employer? ( sexual harassment and slander)

    i worked there 10 years on and off. im a single mom. I was sexually harassed by the owner, on many occasions. december 31, 2013 was the last time, then i seen the manager stealing tips off the tables and made a comment on it and was then fired for...

    Brian’s Answer

    Please keep in mind that this recommendation is based on a limited number of facts provided in your question. Additional information may be required, and additional facts may change this recommendation. You should immediately seek the advice of a qualified attorney in the area. In most states, you must file a charge of discrimination within 180 days of the last act of discrimination and/or harassment. That may include giving a false report of poor job performance to a prospective employer in retaliation for doing an act that is protected under the law.

    To be safe, you should find an attorney to help you to file a charge of discrimination before 180 days passes after your firing.

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  • What kind of lawyer do I need to see, and do I have a case?

    I am the victim of an error on my background check. I was accepted for a job in Kansas City, and was starting orientation. I was informed however, that there was a problem with my background but was given no details. I was also told that my job...

    Brian’s Answer

    Please keep in mind that this recommendation is based on a limited number of facts provided in your question. Additional information may be required, and additional facts may change this recommendation. You should seek the advice of an attorney immediately.

    What most people don't know is that background check companies are subject to the same laws at credit reporting companies. You have the right to protest inaccurate information contained in the report, and if the reporting company fails to take proper action on your complaint, you have a possible claim for violating federal law. If you provide detailed information showing that the information reported is inaccurate, the background check company must correct the information.

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  • Fought off a burglar, other issues were ignored, what are my rights?

    We've been in a unit for over 2 years, during that time we had security concerns regarding the patio door. The glass is on the outside and the screen had no lock, mgmt was informed but never acted, we wanted to put some wood in the track but becau...

    Brian’s Answer

    Please keep in mind that this recommendation is based on a limited number of facts provided in your question. Additional information may be required, and additional facts may change this recommendation. Your landlord does have an obligation to you to provide basic kinds of protection in possessing your property. If there is a history of break-ins and your landlord fails to take reasonable measures to secure the property, then your landlord may be in breach of his obligations.

    Here's the problem--unless (God forbid) you suffer a physical injury due to a security problem, all you really get out of this is the right to terminate your lease early. You don't get your rent back for any month you resided at the apartment, and you are really not entitled to any other kind of damages. Moreover, you leaving your patio door open would likely be a fact against you.

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  • I know Texas is an at will state, but i was fired but the DON manipulated my documentation and fired me but she committed fraud

    I know Texas is an at will state, but i was fired because the company I work for as a nurse got a tag from the state at least that was what I was told, because they said the skilled nursing facility failed to follow up on a resident that got a hip...

    Brian’s Answer

    Please keep in mind that this recommendation is based on a limited number of facts provided in your question. Additional information may be required, and additional facts may change this recommendation. There may be additional claims here that require investigation. You may have been treated differently than others in your position due to age, gender, race or national origin. Also, if your report is required under the law and is a matter of public interest, discharging you because you made the report may also be unlawful.

    I would suggest that you talk to a lawyer in Texas to look further into the matter. The National Employment Lawyers Association may have someone for you to talk to.

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  • Race, Retaliation, Sex, Disability, harassment and Wrongful discharge for complaining.

    I experience racial slur by one of the supervisor, Retaliation for complaining about discrimination to HR dept. and members of management for taking it to the EEOC for the employer refuse to document harassment complaints nor provide me corporate...

    Brian’s Answer

    Please keep in mind that this recommendation is based on a limited number of facts provided in your question. Additional information may be required, and additional facts may change this recommendation. 

    You should definitely talk to an attorney. You are correct in stating that the law protects people who complain about discrimination. The laws may be different depending on where the employer was located and where the decisions were made.

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  • Can my employer fire me in retaliation to complaints filed with the corporation and EEOC?

    In March I was diagnosed with ulcers and when my wife called in she was greeted with threats and insults by managers and the owner of the company himself calling me/her a liar and grouping my race with "people who are always broke and poor because...

    Brian’s Answer

    Please keep in mind that this recommendation is based on a limited number of facts provided in your question. Additional information may be required, and additional facts may change this recommendation. If your wife was an employee of the same company as you, and she complained to a supervisor about racial harassment, that may be protected conduct. If you filed a complaint with the EEOC, then you are protected from retaliation. Either way, his statements may be evidence of his intent with regards to cutting your hours or discharging your employment. You should immediately talk to an attorney to determine your rights.

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  • My father was terminated after suspension from a Reno company due to allegations (false) of sexual harassment.

    Company's HR indicated taht they would have a meeting to discuss the allegations but no one ever spoke to him, he was suspended for a few weeks and then received a termination letter. Since then, EDD denied the request for eligibility. Male, ove...

    Brian’s Answer

    Please keep in mind that this recommendation is based on a limited number of facts provided in your question. Additional information may be required, and additional facts may change this recommendation. Sadly, a false report of bad conduct can be a tool for unlawful discrimination. Your father should seek representation immediately to preserve his claims. Check with the National Employment Lawyers Association for an attorney in your area who represents employees.

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  • I am an employee experiencing sexual harassment in the form of indecent exposure from my boss/owner. What options do I have?

    I have worked for my company for almost 18 years. My boss/the owner has exposed himself to multiple times in the last few weeks and he did it a few times just today. Even though the company is closing at the end of the month and I will be laid off...

    Brian’s Answer

    Please keep in mind that this recommendation is based on a limited number of facts provided in your question. Additional information may be required, and additional facts may change this recommendation. You should find representation quickly and find a lawyer. What you do not know is whether the company has insurance coverage for this kind of claim. Even if the business shuts down, there may be a remedy.

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