Todd Christopher Werts’s Answers

Todd Christopher Werts

Columbia Personal Injury Lawyer.

Contributor Level 8
  1. I have been off work on FMLA since 2/22/2011. I must return by 5/16/2011 or I will be termianted; This I understand.

    Answered almost 3 years ago.

    1. Todd Christopher Werts
    2. Charles Joseph Michael Candiano
    2 lawyer answers

    The answer to this question is a little subtle. Under the FMLA, the employer is required to return you to the same, or essentially the same, job as you had prior to the leave unless (1) you are a key employee; or (2) you can no longer perform one of the essential duties of the position. See 29 CFR 825.214. To quote the regulation, "A “key employee” is a salaried FMLA-eligible employee who is among the highest paid 10 percent of all the employees employed by the employer within 75 miles of...

  2. Do we need to pay an employee for their wages at the time of termination?

    Answered about 3 years ago.

    1. Todd Christopher Werts
    2. Erik Hammarlund
    2 lawyer answers

    Under the statute, Mo. Rev. Stat. 290.110, the final paycheck is due and owing on the date of discharge. However, there is not a penalty for waiting to the next pay cycle to issue the payment, unless the employee makes a written request for the payment. If a written request is issued, then the payment must be made within 7 days of the request or the penalty accrues. The penalty is that the employee is owed an additional amount of wages, calculated as though he or she was still working, up...

  3. Can an employer withhold commissions earned while employed, after employee has left the company?

    Answered about 3 years ago.

    1. Todd Christopher Werts
    2. Herbert J Tan
    2 lawyer answers

    This is a question that varies by state, but in Missouri, there is a statute that outlines the process. Missouri Revised Statutes section 407.911-.915. The question turns on whether or not you had a written contract defining when the commission was due. If so, then the contract controls. If not, then the statute says: "If there is no written contract, or if the terms of the written contract do not provide when the commission becomes due, or the terms are ambiguous or unclear, the...

  4. Fired by a company due to an erroneous error made by the 3rd party background check company. Lost pay, grained stress. HELP!!!!

    Answered about 3 years ago.

    1. Christopher John Canlas
    2. Todd Christopher Werts
    2 lawyer answers

    The Fair Credit Reporting Act probably provides a remedy in this situation. Under the FCRA, you probably have a claim against both the background check company and whatever consumer reporting company provided them the information on the misdemeanor. Consumer attorneys are who typically handle FCRA claims because this is the same law that governs the use of credit reports. The damages available, and the details of the claim, will depend on whether this is a negligent violation or...

  5. Can an employer refuse payment of earned commission to a terminated employee?

    Answered about 3 years ago.

    1. Kevin Eric Mcreynolds
    2. Todd Christopher Werts
    2 lawyer answers

    The answer to your question varies by state, but in most states the answer to your question will turn on when the commission is "earned." Missouri has a statute that sets out the rules for when a commission is earned, but I believe that Missouri's system is somehat common. If you have a contract or an agreement that sets out when the commission is earned and due, then that agreement will probably control. In the absence of a specific agreement, the default rule in Missouri is that...

  6. Where is the FLSA citation for equal work equal pay regardless of race or gender? Can a control board supercede this law in NYS

    Answered about 3 years ago.

    1. Todd Christopher Werts
    1 lawyer answer

    I don't know the answer to your second question, but the citation for the Equal Pay Act within the FLSA is 29 U.S.C. sec. 206(d): (d) Prohibition of sex discrimination (1) No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the...

  7. Can i file for pain and suffering in small claims court for an assault on me and can they take it from his social security check

    Answered about 3 years ago.

    1. Andrew Michael Korduba
    2. Brian Curtis Pascale
    3. Todd Christopher Werts
    4. Bryce Cooper Angell
    4 lawyer answers

    The answer to the first part of your question will vary from state to state. Unfortunately, I do not know the "Ohio-answer," but in Missouri, you would be able to bring a claim for your pain and suffering in the Small Claims Division. Your claim would be limited to the $3,000 jurisdictional cap of that court. In Missouri at least, Small Claims can usually be brought without an attorney and, for better or for worse, are a simpler procedure. For an injury like you have described, you really...

  8. Lawyers I hope this question is not stomping you? Do I have to attend meetings while out on FMLA? Where are you guys?

    Answered about 3 years ago.

    1. Todd Christopher Werts
    1 lawyer answer

    The FMLA can be deceptively complicated, so it is sometimes hard to answer a simple question like yours. As always, the details matter. But generally speaking, if you are on an approved FMLA leave, then you are excused from work. I believe this would extend to a "mandatory meeting." So long as you are a qualified employee under the FMLA (meaning that your employer is big enough, you have worked for the employer long enough, and you have worked enough hours) and your situation qualifies...

  9. Wreck at work with injury

    Answered about 3 years ago.

    1. Nancy J Wallace
    2. Todd Christopher Werts
    3. Charles Joseph Michael Candiano
    3 lawyer answers

    I am sorry to hear about your accident. The answer to your question is going to vary widely by state, but I will give you some information about the analysis in Missouri. Under the current state of Missouri workers compensation law, you might be able to bring an individual claim against your boss for the car crash under a "co-employee liability" theory -- it would depend on whether the boss is operating the company as a sole proprietorship or as a corporate entity. If as an organized...

  10. Overtime / workplace compensation

    Answered about 3 years ago.

    1. Todd Christopher Werts
    1 lawyer answer

    Unfortunately, the answer to your question requires a little more information. Just because an employee is paid on a salary basis does not mean that the employee is exempt from the overtime provisions of the Fair Labor Standards Act (FLSA). If an employee is not exempt (often referred to as "non-exempt"), then the employee is entitled to overtime at the rate of 1.5 times the regular rate for all hours over 40 in workweek. If the employee is exempt, then the overtime requirements do not apply...