Skip to main content
Jonathan D. McDowell

Jonathan McDowell’s Answers

120 total


  • Wondering if i have a case for wrongful termination.

    worked for same bank for 7 years without complaint. a couple of months ago I had the opportunity to speak with a superior about a few problems. shortly after that I was written up....then I was written up again...and now within two and a half mon...

    Jonathan’s Answer

    The only cause of action for "wrongful termination" in Missouri is for whistleblower wrongful termination. And whistleblower wrongful termination is only a cause of action if you told someone other than the supervisor engaging in the activity. Depending on what problems you were bringing to the supervisor you could have a claim. If it was just a complaint about how they run the business, they probably had a legal reason to terminate you.

    See question 
  • Can we ask the HOA to cover our $2500 deductible when they have previously done so for other homeowners?

    Our air conditioner unit was recently stolen. We've learned that there is a $2500 deductible before the HOA insurance will pay out. However, board members have stated that they have paid homeowners deductibles in the past. Do we have a case to ...

    Jonathan’s Answer

    Do you know what the HOA paid deductibles for? It may have been HOA contractual coverage for items such as landscaping, roofing, or heating and air conditioning. It's worth asking. But also realize that these types of expenses normally give HOAs reasons to increase their dues.

    See question 
  • Position eliminated upon return from maternity leave for 2 employees. Is this FMLA violation?

    I worked at my company for 15 years with no problems. Due to reorganization, I was told my position was eliminated upon me calling my employer to coordinate a return date. A woman in an equivalent position to mine at another location did NOT lose ...

    Jonathan’s Answer

    This seems like a clear violation of the FMLA (family medical leave act). Under the statute, a person on leave must be put in the same or equivalent position upon return from leave that they held when they left for leave. Failure to do so is prima facie evidence of a violation.

    Missouri has very favorable employment laws and it might be wiser to pursue this claim under the Missouri Human Rights Act for sex discrimination due to pregnancy. You need to contact the Missouri Human Rights Commission immediately to file your charge before the expiration of 180 days from the date the discrimination occurred. Add to the fact that another person in a similar situation was treated the same, and you have a pretty good discrimination claim.

    As a side note, I would not recommend filing a charge without the help of an employment attorney. You can ruin your case early on by filing a deficient charge.

    Contact an employment attorney as soon as you can.

    Hope this helps,

    Jonathan

    See question 
  • Can a non-profit corp be dissolved if an llc has been formed to do business instead of the corp; a subdivision is involved

    a mutual benefit non-profit corporation was formed to manage a property owners association. There are no title to real property or title insurance in the corporation's name. All financial transactions and sale of personal property are handled by t...

    Jonathan’s Answer

    The corporation's necessity depends on the stated purpose of the corporation. If the corp was created to manage an association and the association still needs to be managed, then the corp's existance would still be appropriate. If another entity has been created to perform the role that the corp was created for, then the corp can be dissolved. Be careful about the dissolution though, because any property or other assets must inure to the benefit of the state of Missouri, the federal government, or some special trust.

    If the corporation does not have a perpetual existence, then the corporation will begin winding up upon the date of expiration.

    The bottom line is whether or not the corporation is needed to manage the affairs of the property owner.

    See question 
  • What will happen if I no longer want my timeshare and stop paying the maintenance fees? It is paid in full and I owe no fees.

    I bought the timeshare from Silverleaf Resorts in 1998. I paid $10000 for my week. I own week 19 at Timber Creek Resort in Desoto, Mo.

    Jonathan’s Answer

    I'd have to see the contract but these timeshares have pretty tough contracts. I bet there is a clause that allows the timeshare to asses fees for nonpayment of maintenance fees. You'll likely have to sell the timeshare. I have seen timeshare contracts that have some clause for sale and transfer that the company will take over to sell the share.

    I would not stop paying until you're sure what the contract of sale states.

    Hope this helps.

    Jonathan

    See question 
  • How to remove of a tenant on a month to month lease

    I have a house in Jackson county, currently occupied by my son and his girlfriend as well as another individual. It is the third individual that I wish to remove from the home as a result of multiple lease violations from when a lease existed. Th...

    Jonathan’s Answer

    Mr. Komen is correct. And in Jackson County Associate Circuit Court the forms are sitting in the court room next to the filing clerk. If you get that formed signed, then its basically a judgment that can be posted on the door of the property. However, before you get that to post, you do need to give 30 days notice to vacate before moving forward with the eviction procedures.

    See question 
  • Do i have a case for wrongful termination/discrimination?

    I am on approved medical leave until 7/9/2013 due to surgery. I was informed this morning that I needed to return to work today. I told them I was still on leave and even checked with the disability/fmla company(CIGNA) and they assured me my leave...

    Jonathan’s Answer

    This seems to be a pretty clear violation of the Family Medical Leave Act (FMLA) which requires that an employer give FMLA leave for an employee that has a certain number of hours worked (which you do as Cigna has approved you). An employer is required to restore an employee to the position that employee had when leave commenced. 29 U.S.C. section 2614. It is illegal for an employer to discharge an employee for taking the leave or while on the leave. 29 U.S.C. section 2615.

    Get in touch with an employment attorney at sue your employer.

    See question 
  • How much can i sue Liberty mutual auto insurance company for a bad faith policy

    They offered me a low settlement but said they would pay all the hospital bills which they didn't now they won't even talk to me on the phone they avoid me.

    Jonathan’s Answer

    Your insurance probably paid because you might have had med-pay insurance which is normally up to a certain amount $1,000 or $5,000. So that wouldn't cover all the bills.

    If you have not cashed the Liberty check and have not signed a release then you still have remedies against the company. If the company attested that it would pay your medical bills and then didn't send the hospital enough money to cover it, you might have a bad faith claim. In Missouri its a bad faith vexatious refusal to settle. The requirements to fulfill that are pretty strict, but that is not uncommon with insurance companies.

    You need to get an attorney that has been through this before and isn't afraid to litigate the claims (some attorneys try to get quick settlements from insurance companies and will drop you if you don't settle or the company refuses the claim).

    Hope this helps!

    Jonathan

    See question 
  • Is it legal for a business to say your hired and you have it on file then they don't hire you?

    If it is not what can i do/

    Jonathan’s Answer

    The answer depends on several factors. Are you in a protected class that isn't represented at the workplace (minority, woman, disabled, religious, etc.)? Do you have any idea why you were not hired?

    Employers in Missouri can terminate employee for no reason except for discriminatory reasons, so they are within their rights unless they are discriminating.

    See question 
  • I bought property (a lot) 30 years ago. New covenant created 2007 states I must belong to golf club and pay dues now. Legal?

    I'm being charged for a membership last year and for this year and they say they'll put a lien on my property if I don't pay. My old covenant states if I object to being a member and don't pay for 2 years, I lose the membership and can't transfer...

    Jonathan’s Answer

    The first covenant probably had some language in it that required the owners to agree to future changes in the covenant. However, if you agreed to the original covenant by being able to deny membership privileges, you may be able to do the same here. This one definitely needs to get in front of an attorney to properly assess the situation.

    See question