COVID-19 and your rights

May 8, 2020
Courts Update

In another win for tenants Jackson County Courts are extending the suspension on executing writs of possession and garnishment through the end of this month. County civil process officers will not be executing any judgments for possession until June 1, 2020 or later. Also, the Court ordered before a judgment may executed the plaintiff or their attorney must file a verification of compliance with the CARES Act. If the certification is not filed the judgment will not be executed until after July 25, 2020.
This can be confusing so call our office if you need any assistance on how these orders affect your housing.

(816) 278-1344

April 29, 2020
Missouri Consumers

All hands on deck! The Missouri Legislature is trying to gut consumer protection laws in the midst of this crisis.  CALL YOUR MO HOUSE REP and tell them to vote NO on SB 591. 

The legislature’s action adds salt to the wounds of our suffering state.  Hundreds of thousands of Missouri workers are struggling to receive unemployment in the face of staggering job losses and this is the legislature’s priority?

Predatory  businesses are  stealing stimulus payments and engaging in widespread fraud and this is the legislature’s response? 

The headline on the Missouri Attorney General’s website is “REPORT PRICE GOUGING”. 
This law would allow price gouging without penalty.  The AG’s office is tweeting out “scammers are working overtime to steal your money” and their office has received over 1,144 complaint calls so far.  This law takes away your power to seek justice.  

It is time to stop attacking and start protecting. (Protecting Tenants would be a good place to start).

Read the full press release below:

April 24, 2020
Workers Rights

Together with Public Justice and Towards Justice, we represent a worker and the Rural Community Worker’s Alliance who are asking for personal protective equipment, social distancing and more. Workers deserve better. The public deserves better. Smithfield is again choosing profits over the safety of their workers. And now their inaction is putting the health and safety of the public at risk.

Here’s what our friends at Public Justice had to say: “It's the first suit in the country filed to seek this kind of relief, alleging that Smithfield's choices in violation of CDC guidelines not only fundamentally endanger the lives of their workers, but constitute a public nuisance to the surrounding rural Missouri community. 

As our Karla Gilbride told the New York Times: “If, whether it’s a private company or a private citizen, they’re operating something on their property and whatever they’re doing is unsafe and poses a danger to the entire community, then the public has a right to safety and health.”

You can read the full NY Times article by clicking below.

If you are a worker and concerned about workplace safety call our hotline to discuss your rights (816) 278-1344.

April 13, 2020
Garnishment RISK

As the federal government begins depositing CARES Act payments into the bank accounts of Missourians, debt collectors stand ready to take them through garnishment actions.  If a debt collection judgment has been taken against you (check casenet) and the stimulus money remains in your account for any period, it is at risk.  That is true even though we believe these debt collectors may be violating the law (Sec. 513.430 of Mo. Rev. Stats.).  If your bank account has already been frozen or if you are at risk, you can call our hotline for advice:  816-278-1344.

You may be at risk if you have been sued for debts, including:
- Medical bills
- Pay day loans
- Title loans
- Credit card debt
- Car loans
- Cell phone bills

 The Heartland Center is pushing the Missouri Supreme Court, governor, and local courts to stop all garnishments (see link below). 

April 12,2020
Seguridad en el Lugar de Trabajo

Nuestra línea directa continúa recibiendo un gran número de llamadas acerca de la seguridad en el lugar de trabajo. Como siempre, los trabajadores tienen derecho a:

• Un lugar de trabajo seguro y salubre.

• Luchar por la seguridad en el lugar de trabajo sin represalias.

• Unirse con sus compañeros para demandar un lugar de trabajo seguro sin represalias.

Cubrimos este tema en más detalle durante la primera parte de nuestro video acerca de los derechos de los trabajadores. 

Los trabajadores pueden presentar una queja a OSHA si consideran que están siendo sometidos a trabajar en un lugar inseguro e insalubre.

April 11, 2020
Workers - last paycheck

We have received several calls from workers who have yet to receive their final paycheck. In Missouri, your final paycheck is due on the day you were discharged. If the employer fails to respond to your letter within seven days, the employer must continue paying you.

Our staff attorneys have made a letter template that workers may use to send to their former employers to request their final paycheck.

If you need more assistance or your employer continues to refuse to issue the paycheck call our hotline (816) 278-1344.

April 5, 2020
Stimulus Checks

Hemos creado un folleto con la última información acerca de los “pagos de impacto económico”(economic impact payments) también referidos como "cheques de estímulo" (stimulus checks). Éstos son pagos realizados una sola vez que serán enviados por el gobierno de los Estados Unidos. El folleto informativo cubre cuándo se puede esperar el dinero, cómo recibir el pago, cuánto dinero están entregando y quién puede estar excluido de recibir el pago. Continuaremos actualizando el folleto a medida que tengamos más información disponible y confirmada.

April 3, 2020
Stimulus Checks

We have created a flyer with the latest information on the economic impact payments (also referred to as stimulus checks). The flyer covers when the money is expected, how to get the payment, how much is being given out and who may be excluded from receiving a payment. We will continue to update the flyer as more information becomes available and is confirmed.

April 1, 2020
Essential Business

Understandably, a lot of workers are wondering if their place of employment is an “essential business”. Currently Kansas City, MO, Jackson County, MO and the State of Kansas have stay at home orders in place and are requiring all non-essential business to close (though employees may continue to work at home).
We will link both the Kansas Executive Order and KCMO below. As always, low-wage workers may call our hotline for more assistance.

March 31, 2020
Unemployment Rights

The CARE Act - which is effective NOW - expands unemployment.

• Independent contractors, "gig workers," part-time workers are eligible.

• $600 per week will be provided on top of regular unemployment payments.

• The window to receive unemployment has been expanded by 13 weeks.

• You can apply if you are furloughed (temporarily laid off), experiencing a cut in hours or have been laid off entirely.

  If in doubt, apply. Currently the easiest way is to apply online. We’ll link to the Missouri Unemployment application below. Low-wage workers may call our legal help hotline for more information.

March 30, 2020
Locating your new court date

Throughout Missouri courts have been suspending in-person proceedings and delaying court dates. Anyone with a rescheduled court date should receive a notice in the mail from the court. Under certain circumstances expect that court dates may change more than once. Also, court dates may not be rescheduled until 2-3 weeks before the original court date. Current court dates may be found on CaseNet. Any court date from now until April 18, 2020 will be rescheduled. Call our office if you need any assistance is understanding the information on CaseNet (816) 278-1344

April 17, 2020
Courts Update

Jackson County Courts have extended their suspension on in-person court proceedings. The latest order now extends this suspension through and including May 15, 2020. A copy of this order is linked through the button below.

Remember: Missouri Supreme Court has suspended all 0=in-person proceedings until May 1, 2020. Beyond this date each circuit (county) court may have a different date set that court will resume. Please check case.net for the latest information about your court date.

Call our legal help hotline (816) 278-1344 if you need further assistance or want to speak with someone about your legal rights.

April 13, 2020
Unemployment

Thanks to KCUR for reporting on the struggles of Missourians who are currently seeking unemployment. Missouri Department of Labor’s computer system has not yet been updated to accept unemployment applications for self-employed or independent contractors. Currently, such workers may be receiving notices that their applications have been denied even though the recent federal legislation does extend benefits that should include these workers.

At this time workers should continue to attempt to apply and reapply if they’ve been denied. If you’re unsure whether you qualify you may contact our legal help hotline (816) 278-1344.

April 12, 2020
Recursos Locales

Actualmente muchas organizaciones sin fines de lucro han expandido sus servicios para tratar de cubrir las necesidades de la crisis, pero puede ser abrumador entender a donde dirigirse para obtener asistencia. Aquí en el área de Kansas City metro, el número telefónico 2-1-1 es un recurso gratuito a través de United Way of Greater Kansas City. Si llama al 2-1-1 será conectado con un representante que luego de realizar una corta entrevista puede referirlo a los mejores recursos locales. 2-1-1 tiene acceso a todo, incluyendo asistencia para renta y servicios públicos, apoyo por discapacidad o refugios para violencia familiar. El llamado a 2-1-1 es gratuito y puede ser realizado desde cualquier teléfono en el área de Kansas City metro.

April 10, 2020
Stimulus Checks

Now active: The IRS Portal for non-tax-filers to enter their direct deposit information to receive the upcoming economic impact payments. This portal is for people who are not required to file taxes and have not done so in 2018 or 2019.

You don't need to use this portal if you don't have to file taxes and you receive:
▪️Social Security retirement benefits
▪️Social Security Disability Insurance benefits  
▪️Railroad Retirement and Survivor Benefits

Don't use this portal if you filed taxes but the IRS doesn't have your direct deposit information. The portal to submit this information is not yet available.

April 4, 2020
Workplace Safety

Our hotline is continuing to receive a significant number of calls about safety in the workplace. As always, workers have a right to:

• A safe and sanitary workplace

• advocate for safety on the job without retaliation

• Come together with your coworkers to demand a safe workplace without retaliation.

We cover this topic in more detail during the first part of our video on workers’ rights. Workers may submit a complaint to OSHA if they believe they are being required to work in an unsafe or unsanitary place.

April 2, 2020
Update on the Courts

The Missouri Supreme Court has issued a new order continuing the suspension of most in-person proceedings until after May 1, 2020. In short, no eviction cases will proceed between now and May 1 anywhere in Missouri.  
Linking to all the relevant Missouri Court notices:

March 31, 2020
Kansas Executive Orders

Governor Laura Kelly has signed several executive orders in response to the COVID-19 pandemic. Included in these orders is Executive Order #20-10 which states: “no landlords can evict a residential tenant when all defaults or violations of the rental agreement are caused by financial hardships due to COVID-19”.
The orders are linked below or you may call our office for more information on what this means for tenants.

March 30, 2020
Workers’ rights Q&A

During todays live question and answer session we covered workers’ rights during the COVID-19 crisis. Topics covered include workplace safety, unemployment - who is eligible now, paid leave, Families First Coronavirus Response Act and the CARES Act. Watch anytime on Facebook. For more information call our hotline (816) 278-1344

April 25, 2020
Tenant Rights - Court

The onslaught of evictions has begun - we are trying to push back. One of our judges, in Jackson County, has begun noticing up eviction hearings by phone - a process we believe to be UNCONSTITUTIONAL. See our letter here. In the meantime, if you are a tenant and you receive a notice, CALL US NOW: 816-278-1344. There are dozens of cases on this Thursday's docket. Unacceptable. 

NOTE: If the court issues judgments, they will NOT be executed prior to May 15th - however - we believe de facto evictions will still result, as explained in our letter.
Call our office if you need more information on your rights as a tenant (816) 278-1344.

April 17, 2020
Courts update

We asked our local court (Jackson County) to suspend the execution of garnishments and they did so yesterday! This means debt collectors cannot go after people’s stimulus checks or paychecks in Jackson County through May 18!! 

The ban on executing eviction judgments is also extended until May 18th. No one can be forcibly removed from their home prior to May 18th, nor can any eviction case move forward until May 15 (no hearings, no judgments). In the meantime, keep supporting our coalition’s state-wide call for housing relief!

April 11, 2020
Workers - dismissal

If you’ve been recently laid off you may be worried about future employment searches.  

Under Missouri law, most employers must provide workers with a “letter of dismissal” when the worker asks for it in writing.   If you need a letter from your employer stating:

1. What kind of employee you were;

2. What kind of work you did; and

3. Why your employment ended,

You can send this letter by certified mail.

If you do not get a response within 45 days, call us to learn how to enforce your rights (816) 278-1344.

April 9, 2020
Call for information

Workers, we would like to hear from you. What has your experience been with seeking unemployment and/or paid sick leave because of the COVID-19 crisis? Email us about your experience info@jobsandfreedom.org

We need intel on how employers and the MO Dept of Labor are handling your claims.

If you believe your rights are being violated please call our hotline (816)278-1344

April 3, 2020
Local Resources

Currently many nonprofit organization have expanded their services to help meet the needs of the crisis but it can be overwhelming to understand where to turn for assistance. Here in the Kansas City metro area 2-1-1 is a free resource through the United Way of Greater Kansas City. Calling 2-1-1 will connect you with a representative who after completing a short interview can give you a referral to the best local resources. 2-1-1 has access to everything from rent and utility assistance to disability support to domestic violence shelters. The call to 2-1-1 is free and can be done from any phone in the metro area.

April 1, 2020
Tenant Rights - Rent is due

Is your rent due today and you can’t pay because of the COVID-19 Crisis? We have a free letter and settlement form that you can consider providing your landlord. Note: the letter is not specific to Missouri - anyone may use the letter.
If you are not sure the best way to handle the situation, our hotline is up and running. HOTLINE: (816) 278-1344

March 31, 2020
Families First Coronavirus Response Act

The Families First Coronavirus Relief Act falls far short of covering all employers. However, if your employer has less than 500 employees, you have a right to (effective April 1, 2020):

• Up to 80 hours paid sick leave if you are sick with the virus or are being tested for it or are quarantined,

• Up to 80 hours paid sick leave (2/3 your pay rate) to care for a family member affected by the virus,

• 12 weeks of paid leave (2/3 rate) if you cannot work from home and are missing work because your children's school or daycare is closed.

• No retaliation for exercising your leave rights.

March 26, 2020
Tenant Rights Q&A

When is Court? Do I have to pay rent if I’m out of work because of COVID-19? How can I address my issues with my landlord? We answered these questions and more during our live Question and Answer session. The entire virtual workshop is linked below to watch on Facebook.