Wrongful Termination Lawyers In Kansas City, Missouri
You may be wondering if your termination was legal, what rights you have, and how a lawyer can help you. At Holman Schiavone, LLC, our wrongful termination lawyers in Kansas City represent employees’ rights in cases of wrongful termination based on discrimination, harassment and other violations of the law.
The size of your employer is not an issue. The strength of your employers’ defense lawyers is not important. We confront employers of every size and protect the rights and interests of our clients vigorously in all cases. Our team will help you seek justice and compensation for your unlawful dismissal.
Please call our wrongful termination lawyers in Kansas City, Missouri, at 888-493-5074 to schedule a free initial consultation with one of our experienced attorneys.
Understanding Wrongful Termination In Missouri And Kansas
Wrongful termination occurs when an employee is dismissed for reasons that are illegal or violate a contract. In Missouri and Kansas, which are at-will employment states, an employer does not have to provide a cause for dismissal. Still, there are many circumstances under which an employer is barred from terminating employment.
Employers cannot fire someone on any of the following grounds:
- Race, religion, sexual orientation, age, disability, gender, national origin or another protected status
- Reporting an employer for a law, environmental or other legal violation
- Claiming to have been sexually harassed on the job
- Being pregnant
- Filing a claim for discrimination
- Taking time off under the FMLA
- Supporting a co-worker’s claim of harassment or discrimination
- Filing a workers’ compensation claim
- Participating in a whistleblower lawsuit
Employees in Missouri are safeguarded from wrongful termination by the Missouri Human Rights Act (MHRA) and federal laws enforced by the Equal Employment Opportunity Commission (EEOC). These state or federal laws exist to hold employers accountable and ensure that every employee is treated fairly.
What Do Wrongful Termination Attorneys Do?
If you believe you have been wrongfully terminated, your first step should be to consult an attorney to guide you through the legal process. A wrongful termination lawyer is instrumental in the pursuit of justice. Your lawyer can assess an employer’s actions by scrutinizing their policies as outlined in the employee handbook and examining how similarly situated employees were treated.
Employment law attorneys also:
- Stand by your side
- Conduct comprehensive investigations into the evidence related to your termination
- Advocate for your claim’s merits in a court of law.
- Evaluate your claim
- Cover essential expenses for your case
- Serve as a robust advocate
- Safeguard your rights throughout the process
Negotiation is a critical part of wrongful termination cases. This is where a lawyer’s experience truly shines. Successful negotiations can lead to compensation such as back pay, lost wages, severance and emotional distress damages.
Gathering Evidence For A Wrongful Termination Claim
Our role as employment lawyers is to gather compelling evidence that demonstrates the unlawful nature of your employer’s conduct. We then effectively present this evidence to establish wrongful termination. This is especially important in cases where an employee has been terminated for filing a workers’ compensation claim.
The evidence required in wrongful termination cases can encompass:
- Copies of employment contracts
- Emails
- Performance appraisals
- Other pertinent documents
We can also obtain testimony from employment law professionals, which can significantly bolster your case.
Discrimination: A Common Ground For Wrongful Termination
Discrimination is a prevalent cause of wrongful termination. It occurs when employees are treated unfavorably because of protected characteristics. Federal and state laws, like the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA), safeguard employees against discrimination-based wrongful termination. These laws provide equal opportunities for all and protect individuals from discriminatory practices. If you find yourself in such a discrimination situation, seeking the assistance of wrongful termination lawyers is crucial for a positive resolution.
Retaliation Cases: Standing Up for Your Rights
Workplace retaliation manifests in numerous ways, from escalated workloads and biased write-ups to a hostile demeanor from supervisors. An employee should be able to raise concerns about discriminatory practices or inappropriate workplace transgressions without fear of retaliation.
If an employee is facing retaliation at work, they should consult with an attorney before making any decisions about resigning. Our team is capable of helping you establish that your termination rationale was a smokescreen for illegal retaliation.
When Employment Contracts Are Breached
A breach of an employment contract can also lead to wrongful termination. This breach is defined as an employer’s violation of the contract’s terms, including the wrongful termination of an employee or failure to fulfill agreed-upon wages and benefits. Instances of breached employment contracts that can result in wrongful termination include harassment, discrimination, constructive dismissal, retaliation and violation of public policy.
If you uncover a breach of your employment contract, promptly seek legal counsel. This will help to establish the existence of a binding agreement and the employer’s failure to meet its obligations.
Federal Employees: Navigating Complex Legal Waters
Federal employees face unique challenges in wrongful termination cases. Some of these include:
- The defense of qualified immunity in Bivens cases, or lawsuits filed by individuals seeking damages for constitutional violations committed by federal officials
- The requirement for the employee to prove the unlawfulness of their termination
- The issue of whether federal employees have the right to pursue legal action for wrongful termination
However, they also have protection from unjust dismissal through measures such as the prohibition of discriminatory actions and the Civil Service Reform Act (CSRA). This prohibits discrimination in personnel actions.
How Our Firm Can Help You
At our firm, we champion the rights of employees and foster an environment of dignity, respect and fairness. We stand by your side, providing experienced legal representation to navigate the intricate legal landscape. Our goal is to secure just compensation for any discrimination, retaliation or wrongful termination you have encountered.
We are dedicated to protecting and preserving the rights of individuals in wrongful termination cases. We strive to achieve positive outcomes for our clients, whether it’s through negotiation of settlements or the presentation of cases in a court of law.
Should You Accept A Settlement For Wrongful Termination?
Wrongful termination settlements can vary widely. The decision to take a settlement for wrongful termination in Kansas City should not be taken lightly. Factors that may impact your decision to accept a settlement can include:
- The strength of your evidence
- The potential outcome of a trial
- The financial compensation being offered
- The emotional toll of continuing to pursue legal action
Consider all of these factors carefully with a wrongful termination attorney in Kansas City who can evaluate your options and help you make the right decision.
Can You Sue For Wrongful Termination In Kansas And Missouri?
Yes. In Kansas, you can sue for wrongful termination if you can prove that you were fired for unlawful reasons such as racial prejudice or discrimination based on religion or disability. In Missouri, you can pursue legal action for wrongful termination under certain circumstances. For example, if the termination violates state or federal antidiscrimination laws or breaches an employment contract.
Schedule A Free Consultation For Your First Step Towards Justice
Our complimentary initial consultation is designed to help you understand your rights and the merits of your claim. You do not pay any attorney unless we successfully recover damages for you. For a free initial consultation, call our Kansas City office at 888-493-5074 or send us an email. Our Kansas employment lawyers will evaluate your situation, provide honest advice and vigorously protect your rights if you decide to pursue a claim.
