Joe Guffey

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Business leaders call Joe because he has 30 years of experience assisting companies and individuals to be successful, achieve their business goals and expand business opportunities. Joe’s experience ranges from business issues involving employees and employment law to defending the products manufactured by companies.

Latest Articles

Three of the four states to consider tightening their gun-control laws pass new initiatives on Tuesday. Gun-control was on the ballot in Washington, Maine, Nevada, and California. In California, which already has some of the nation’s most stringent gun laws, voters approved a measure that will outlaw possession of large-capacity ammunition magazines, require permits to buy ammunition, and extend California’s program that allows authorities to seize firearms from owners who bought guns legally but are…
Recently the Supreme Court of Missouri held that The Protection of Lawful Commerce and Arms Act (“PLCAA”) preempts a negligence claim but allows a correctly pled negligent entrustment action against a firearm seller. Thus, the PLCAA is not only a hot political topic being discussed by the Presidential Candidates, but also one that is being litigated within the legal system. In Delana v. Ced Sales, Inc., d/b/a Odessa Gun & Pawn, et al., (2016 WL…
On April 11, 2016, Missouri Governor Jay Nixon signed an Executive Order that immediately implemented a “Ban the Box” policy for Missouri state agencies, departments, boards, and commissions. Under this Order, state employers must amend their initial employment applications to remove questions relating to an individual’s criminal history unless a criminal history would render an applicant ineligible for the position. State employers may still request information about an applicant’s criminal past and may still conduct…
What is “Ban the Box?” Generally speaking, it is an international campaign seeking to eliminate the question—“Have you ever been convicted of a crime?”—from employment applications.  “Ban the box” laws usually provide that an employer must wait to ask applicants about their criminal histories until after a conditional offer of employment is made AND that an employer must consider how the individual criminal history is job-related for the position in question. There currently are 21…
Listen to the Podcast What’s required before you obtain a background check on a prospective employee? And what’s required before and after you take adverse action against a prospective employee based on the background check? Joe Guffey discusses the do’s and don’ts of conducting employee background checks under the Fair Credit Reporting Act (FCRA).…
Listen to the Podcast Employment litigation is one of the fasted growing areas of litigation. One in five lawsuits nationwide is filed by a current or former employee, therefore employers need to understand the legal do’s and don’ts before terminating an employee. Husch Blackwell partner Joe Guffey discusses the five things to do before discharging an employee.…
Before Obtaining a Consumer Report   Provide the individual with a “Disclosure & Authorization” form. [Version 1] [Version 2]Obtain his/her signature (electronic signature is OK) Provide the individual with “A Summary of Your Rights Under the Fair Credit Reporting Act” (Extra) Provide any required state-specific disclosures…
Employment litigation is one of the fastest growing sectors of litigation. Employers have done a good deed by educating workers about their rights; unfortunately, this can sometimes result in more claims.  Approximately one out of five lawsuits nationwide is filed by a current or former employee.  Among the employment cases, retaliation claims specifically continue to grow. In a retaliation claim, the focus shifts to how the company reacted to the original employee complaint, and away…
Current and former franchisees of Stratus Franchising, LLC, a commercial cleaning business tried to use the RICO Act (Racketeer Influenced and Corrupt Organization Act) to assert violations but failed as Stratus Group moved to enforce the individual arbitration provisions within the franchise agreements. The franchisees argued the arbitration provision (a broad standard-form arbitration provision) was “unconscionable” which means it was oppressive, harsh, and unfair – basically calling Stratus Group cheaters & liars. The franchisees also…