Consideration for Arbitration Agreement and Delegation Clause Was Illusory

Telissah Johnson of Kansas City, Missouri sued her former employer, Menard Inc., alleging employment discrimination. Menard argued that she had signed an arbitration agreement in her Employee/Employer Agreement, which, if upheld, would have moved the claims out of state court and into arbitration instead. However, both the circuit court and Missouri Court of Appeals agreed that this arbitration agreement is unenforceable because of Menard’s “unilateral authority to modify the delegation clause without limit or notice to [employee] rendered [employer]’s promises illusory, and ‘[s]uch illusory promises provide no valid consideration.’”

Telissah Johnson vs. Menard, Inc.

Missouri Court of Appeals, Western District – WD84138

If you would like to speak to an attorney about dispute resolution or being sued, call our law office at 816-524-4949 or visit our website at hoorfarlaw.com.

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CDC to Halt Evictions in Counties with High Rates of COVID-19 Transmission

This order is being issued in response to a rise in the number of COVID-19 cases across the country as the Delta variant continues to spread. The CDC says that mass evictions would worsen the situation and that if people are allowed to stay at home, it could help prevent further spread of the virus. In addition to county specifications, there are also limitations regarding which individuals may qualify for these protections. Some of these stipulations include personal earnings specifications, alternative housing options, and previous efforts to make partial rent payments.

Struggling financially? Please contact our office at 816-524-4949, or you can visit our website at hoorfarlaw.com to schedule an appointment.

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Missouri Court of Appeals Declares Notice Insufficient for Unlawful Detainer

In this case, the parties signed no new lease or extension, and the lease provided expired and hold-over created a month-to-month tenancy. Month-to-month tenancy is subject to termination at the end of the rental month, and after one month’s written notice, by statute. Landlords did not carry their burden of proof: phone calls are not writings, and writings did not give a month’s notice. Circuit court’s order of payment of rents due through trial still stands, but awarding of immediate possession, late fees on rejected payments, and contractual attorney fees does not.

If you are having landlord-tenant problems, we can help. Contact our law office at 816-524-4949 or click here to visit our website.

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IRS continues adjustments to unemployment compensation, prepares another 1.5 million refunds

Last week, the Internal Revenue Service said that another 1.5 million taxpayers will be receiving refunds averaging more than $1,600. The IRS is adjusting unemployment compensation from previously filed income tax returns as a result of the American Rescue Plan Act of 2021, which was passed in March. It excluded up to $10,200 in 2020 unemployment compensation from taxable income calculations. The exclusion applied to individuals and married couples whose modified adjusted gross income was under $150,000.

Refunds should be expected soon, as those arriving by direct deposit were set to begin July 28 and refunds by paper check began July 30.

Most taxpayers will not need to take any extra steps to receive this refund.

How do I know if I should file an amended return?

Taxpayers should file an amended return if they:

  • did not submit a Schedule 8812 with the original return to claim the Additional Child Tax Credit and are now eligible for the credit after the unemployment compensation exclusion.
  • did not submit a Schedule EIC with the original return to claim the Earned Income Tax Credit (with qualifying dependents) and are now eligible for the credit after the unemployment compensation exclusion.
  • are now eligible for any other credits and/or deductions not mentioned below. Make sure to include any required forms or schedules.

Taxpayers do not need to file an amended return if they:

  • already filed a tax return and did not claim the unemployment exclusion; the IRS will determine the correct taxable amount of unemployment compensation and tax.
  • have an adjustment, because of the exclusion, that will result in an increase in any non-refundable or refundable credits reported on the original return.
  • did not claim the following credits on their tax return but are now eligible when the unemployment exclusion is applied: Recovery Rebate Credit, Earned Income Credit with no qualifying dependents or the Advance Premium Tax Credit. The IRS will calculate the credit and include it in any overpayment.
  • filed a married filing joint return, live in a community property state, and entered a smaller exclusion amount than entitled on Schedule 1, line 8.

If you need assistance filing an amended return or preparing tax forms, feel free to call us at 816-524-4949 or visit our website at hoorfarlaw.com.

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Former KU Med Center Administrator Charged With Embezzlement

A former administrator at the University of Kansas Medical Center faces criminal charges that he embezzled more than $500,000 from KU. A charging document filed in federal court accuses Michael Ahlers of diverting money from the KUMC Credit Union between 2009 and 2015. Ahlers was the administrator of the medical center’s occupational therapy education department. According to the complaint, he was the sole signatory on the credit union account. The document also charges him with income tax evasion because he allegedly failed to report the money on his tax returns.

The felony charges Ahlers faces – bank fraud and filing false tax returns – carry sentences of up to 30 years and three years in prison.

Struggling financially? Please contact our office at 816-524-4949 or you can visit our website at hoorfarlaw.com to schedule an appointment.

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Twenty States Raise Minimum Wage at Start of New Year

Twenty states and dozens of localities increased their minimum wage, giving a financial boost to many frontline workers during the pandemic. New Mexico will see the largest jump, adding $1.50 to its hourly minimum and bringing it up to $10.50. Arkansas, California, Illinois and New Jersey will each increase their minimum wages by $1. Alaska, Maine and South Dakota will increase wages by just 15 cents an hour, while the rate in Minnesota will rise by half that, at 8 cents, to $10.08 an hour. Additional increases are scheduled for elsewhere this year, with most changes taking effect on July 1st. Much of the country’s workforce have seen their wages remain relatively stagnant for decades when inflation is taken into account.

Struggling financially? Please contact our office at 816-524-4949 or you can visit our website at hoorfarlaw.com to schedule an appointment.

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Debt Collectors, Payday Lenders Collected over $500 Million in Federal Pandemic Relief

More than 1,800 Paycheck Protection Program loans last year went to debt collectors and high-interest lenders, according to the Washington Post. The aid to these firms amounted to more than $580 million. More than 170 of those recipients have been the subject of a multitude of complaints. Twenty-five have been subject to legal enforcement or consumer alerts, many by the CFPB and the Federal Trade Commission.

Are you affected financially due to the coronavirus? We can assist you. Contact our office at 816-524-4949 or you can visit our website at hoorfarlaw.com to schedule an appointment.

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Jackson County Court temporarily halts eviction writs and proceedings

The Jackson County Circuit Court has temporarily suspended eviction proceedings and service of eviction writs after placing two process deputies on leave for shooting a man while serving an eviction writ on Jan. 8.

In a tight spot financially? Contact our office at 816-524-4949 or you can visit our website at hoorfarlaw.com

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N.R.A. Declares Bankruptcy and Seeks to Exit New York

Seeking an end-run around an investigation by the New York attorney general, the National Rifle Association said that it was declaring bankruptcy and would reincorporate in Texas. The group’s effort to circumvent New York’s legal jurisdiction raised immediate questions from the New York attorney general, who is seeking to use her regulatory authority to dissolve the N.R.A. She has been conducting an investigation into corruption at the gun group since 2019. Typically, nonprofit groups that are chartered in New York and under investigation are prohibited from relocating their assets during an inquiry; in recent years, the attorney general’s office prevented the Trump Foundation from closing before it had reached the conclusion of an investigation into that organization. The bankruptcy filing could delay the resolution of the attorney general’s case while the matter is litigated in bankruptcy court.

Contemplating bankruptcy? Contact our office at 816-524-4949 or you can visit our website at hoorfarlaw.com to schedule an appointment.

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2020 Tax Tip – Mileage

The mileage rate for businesses for 2020 is being reduced from 58 cents per mile to 57.5 cents per mile.  The medical mileage rate for individuals for 2020 is being reduced from 20 cents per mile to 17 cents per mile.

If you need assistance preparing an income tax return, feel free to email us at reception@hoorfarlaw.com or call us at 816-524-4949.

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