Skip to main content
Ryan Michael Paulus
Avvo
Pro

Ryan Paulus’s Answers

47 total


  • Part Time Job - To collect checks from Clients and process the same through my Bank accoun

    I got an Part time job Offer from an UK Based Firm [Company existence is legal] who would want me to collect the Checks sent out by their Clients and process the Checks onto my Bank Account and then do a direct deposit to that Company and I would ...

    Ryan’s Answer

    It's a scam to drain your bank account. Checks you deposit will be bad, but your direct deposit wll go through draining your bank account and leaving you with nothing. The secret service is tasked with the investigation of electronic crimes. The phone number for the Kansas City Task Force is 816-460-0600.

    See question 
  • I was on workers comp and after my doc put 6 hr work day restriction I was terminated. Was I retaliated against

    From the start of my injury I believe I was retaliated against. First I had to pay for the first 3 doctors visit before my employer filed the work comp papers, on the 2nd visit she actually tried paying $60 towards visit so I wouldn't want her to...

    Ryan’s Answer

    That's work comp retaliation. Call a employment lawyer.

    See question 
  • Can a company deny a bonus due to health issues?

    I was denied a bonus and the President of the company documented this to the Board of Directors. The reason cited in the memo to the Board was not keeping up with duties due primarily to health issues. I have since been diagnosed with PTSD resul...

    Ryan’s Answer

    If your PTSD qualifies as a disability under the ADA then you may have some rights. Assuming the company you work for has fifteen or more employees and they are aware of your condition, they have a duty to engage in an interactive process to see if they can accommodate that disability. You would need to prove to a court that your disability was the motivating factor for the employer denying you the bonus and not some other legitimate business reason. Whether or not the bonus was discretionary doesn’t matter. All that matters is whether it was an adverse employment action and whether or not your disability was a motivating factor for that adverse employment action.

    See question 
  • Is it legal to bank an employee's overtime as vacation hours at regular pay without even giving that employee a choice?

    I am told that we can't leave until all the work is done and they are not paying overtime. There was one particular instance where a few co workers and I were told that we were going to get paid for 4 hours overtime then when the checks came, the...

    Ryan’s Answer

    No that is not legal. If you are an hourly employee you must be paid for all the hours you work and time and a half for all hours worked beyond forty hours a week.

    See question 
  • Can I be denied unemployment if I was fired because I went to a funeral?

    I went to my brother's funeral in Austin, TX. I was gone for a total of a week. Upon returning I was asked for documentation proving the funeral took place. I gave the flyer that we provide at the Celebration of Life party. We did not post an obit...

    Ryan’s Answer

    • Selected as best answer

    The employer can fight it but you have a good argument your conduct was not willful. Lawyer up for the hearing. If your family didn’t post an obituary than the fact that you didn’t have one to provide to the employer is immaterial and has no bearing on your unemployment. I assume there really was a funeral that you went to and you have more documentation that you could provide “like the notice from the funeral home”.

    See question 
  • Can a company keep you there if they have you clock out while they clean up a mess and point you if you go home

    we clock in worked 2 hr then went to break came back told us to wait 45 min off clock then after 1 hr told us to take 2nds break came back told us they where still not ready for us to work if we go home they would point us as we work on a point sy...

    Ryan’s Answer

    Generally no they cannot. It’s referred to as being “engaged to wait”. An employer must pay an employee for any time they are suffered to work for the employers benefit. If you are required to wait at the factory for hours until you can clock in they must pay you for that waiting time. If you are told to take a three hour break where you can leave the building and come back later to work, generally they do not have to pay you.

    See question 
  • How long can the Police Department keep my weapon?

    My business was robbed and I arrived on scene before the police. As the robber was fleeing, I fired a shot from my legal weapon to try and stop him. The police took my gun to run ballistics tests on it and they have yet to return it. It has bee...

    Ryan’s Answer

    I think you may be focused on the wrong issue. You cannot shoot a fleeing thief in the back. That is murder. The castle doctrine and stand your ground laws on premised on the idea that you are protecting yourself or your family from an immediate deadly threat. Shooting a fleeing thief in the back on the street to recover the $150 you had in the register will get you prosecuted.

    See question 
  • Third DWI

    If I have a third DUI but the other two were over ten years ago is there still a mandatory sentence? I refused the blood test and they released me after a certain time period but found out later on casenet that there is a warrant out for me (it s...

    Ryan’s Answer

    You need to lawyer up immediately. Whether or not you will be charged with a felony depends on what court your previous DWI’s were charged in; whether or not you were represented by counsel and whether or not the Prosecutor discovers them (which most likely he or she will).

    See question 
  • Do I have a chance? Fired after my employer called ambulance for me

    While at work I experienced chest pain, my employer has EMTs on staff. After meeting with the EMT they determined I was experiencing a medical emergency and needed to go to the hospital. They called an ambulance for me. I was not eligible for FMLA...

    Ryan’s Answer

    Was the chest pain caused by a heart condition? You may have a failure to accommodate a disability claim. Get a consultation with a local employment lawyer.

    See question 
  • When do write-up's and performance evaluations stop being opinion's, and start to be cause for defamation against an employer ?

    My employer stated in thier case to the EEOC along with thier lawyer, error's and failures that had not been document with write-up's ,they also stated (16) failures in inspections ,were only (2) had the word failed on them, he stated in a dismiss...

    Ryan’s Answer

    Probably not defamation but false statements made to the investigators can form the basis of retaliation claims under the Missouri Human Rights Act.

    See question