Constitutional Law

Employees of state and federal agencies face unique problems when confronted with improper behavior by their superiors. Filing a suit against the government can be an intimidating task, but our staff at Holman Schiavone, LLC, is ready to face the challenge. Our legal experience in employment law extends all the way to the U.S. Constitution, and we are able to pursue your case no matter how far we have to go to vindicate your rights.

If an employer violates your legal rights, and does so in a capacity granted to them by state law (also know as "under color of state law"), they may be found liable to you at a jury trial not only for compensation, but also for punitive damages if the violation is severe. For example, a Constitutional remedy for such behavior is granted under 42 U.S.C. 1983, which states:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

Most often, a violation of your right to equal protection of the law (in cases of discrimination), or your right to due process (in cases of wrongful termination) is at issue. However, numerous state and federal statutes have been used to vindicate the rights of an employee wronged by a government employer. These laws have even been interpreted to cover employees of government contractors, if state involvement with their employment is great enough.

When we claim that our staff at Holman Schiavone, LLC, is ready to face any employer in court, regardless of their size, we mean any employer. As employment law practitioners, we can address the most obscure points of federal regulation specific to individual industries. We are constitutional law attorneys licensed to practice in Missouri and Kansas, and we are glad to take referrals or act as local counsel for out-of-state attorneys who need our services. We pride ourselves on our dedication to employee-side employment law, and we are devoted to serving the best interests of our clients, no matter what. Call our Kansas City, Missouri office at 816-283-8738 to arrange an appointment, or send us a brief summary of your situation using our online contact form.