101 South Hanley, Suite 1280 Clayton, MO 63105
314.283.8930; henry@elsterlaw.com

Independent Contractor versus Employee

The distinction between an independent contractor and employee is not always clear. Legally, it is important for at least two reasons: first, an employer is usually not responsible for any FICA or unemployment taxes for compensation paid to an independent contractor; and, second, an employer is generally not vicariously liable for wrongs committed by an […]

Read More

Misappropriation of Trade Secrets

Trade secret litigation in Missouri can be complex. Such suits usually come about when an employee improperly accesses or discloses a trade secret of an employer/company/business. While most cases will center on whether certain information constitutes a “trade secret,” the definition of “misappropriation” is also very precise. Generally, both must be present to prevail on […]

Read More

Employee Duty of Loyalty

In Missouri — even without an employment contract, non-compete agreement, non-solicitation agreement or confidentiality agreement — an employee owes his/her employer a duty of loyalty.¬†Western Blue Print Co., LLC v. Roberts, 367 S.W.3d 7, 15 (Mo. 2012). What this generally means is that an employee cannot work directly against his/her employer’s interests. At the same […]

Read More

Employer-Employee Fiduciary Duties, Non-Compete, Non-Solicitation

A fiduciary relationship exists or is established when one reposes trust and confidence in another in the handling of certain business affairs. Every employee owes his or her employer a duty of loyalty.¬†Nat’l Rejectors, Inc. v. Trieman, 409 S.W.2d 1, 41 (Mo. 1966). This makes sense because the employer is paying the employee to carry […]

Read More