Holman Schiavone, LLC

April 2012 Archives

Could tardiness lead to a wrongful termination claim?

When an employee is terminated from their employment, the termination may occur for many reasons. If the reason for the employee's termination is in violation of an overriding law, the employee's termination may be considered a wrongful termination. Although Missouri laws provide for at-will employment, employment can also be based on an employment contract. In either case, if labor or employment laws are violated, an employee has a right to seek legal action.

Sexual harassment lawsuit against employer settled for $150,000

Sexual harassment in the workplace is illegal and often under reported. It is difficult to report sexual harassment due to the stigma sometimes associated with reporting the harassment and also the embarrassment that some victims feel when retelling the incident. Sexual harassment is illegal in Missouri, but for any action to be taken, the victim is must report the incident.

Update: Kansas employers required to post employee rights

Employee rights are protections that are afforded to all employees, but are not always known or understood by all employees. In an effort to remedy this disparity, the National Labor Relations Board proposed a rule in December 2010 that would require employers to post employee rights notices. This rule will impact the actions of Missouri and Kansas employers who are under the jurisdiction of the National Labor Relations Act.

Kansas State professors: Religious Act could harm LGBT community

In March of this year, the House of Representatives proposed the Kansas Preservation of Religious Freedom Act, an act that is supposed to prevent local governments from enacting legislation that could in some way create a burden against an individual's religious exercise. The bill is set for a vote in the Kansas Senate.

Employers charged with workplace discrimination, Part 2

Workplace discrimination in Missouri creates an unfair environment for affected employees and creates potential economic repercussions for the employers. In addition to the employer's litigation cost associated with employment discrimination claims by the protected classes of employees, workplace discrimination has a larger impact on the workplace environment. It is reported specific classifications of employees are impacted the most by workplace discrimination.

Employers charged with workplace discrimination, Part 1

Usually the term workplace discrimination refers to discriminatory actions by an employer against an employee. Most discussions about this topic focus on the toll the discrimination takes on the employee and whether the employee was able to prevail in a related lawsuit. Since these topics are very pertinent to Missouri employment matters, the topic of the employer's cost for workplace discrimination is often overshadowed.

Workers terminated after protesting with jumpsuit orange shirts

How far an employer can go in setting workplace rules is the central issue of a current Deerfield Beach, Florida lawsuit. This case has implications for employers in that city, Kansas City, Pittsburg, and cities across the nation because it relates to employee rights standards strongly protected by the National Labor Relations Act. Under the NLRA, employees are protected against hostile workplace environments and firing actions if those conditions occur due to employees protesting against employer rules, unreasonable restrictions or punitive actions. In this case, firings were levied only on employees who were wearing prison orange colored shirts to protest tightened restrictions like a ban against speaking with fellow workers over a cubicle wall.

EEOC rule published in Federal Register, clarifies age discrimination

There are many different types of discrimination that employees are protected against by state and federal law. One of the ways an employee could illegally be discriminated against is by age. The Age Discrimination Act of 1967 was enacted to codify into law the definition of age discrimination, but like all laws require constant attention and possible amendment.

Recent Missouri Truck Accident and Lessons That May Be Learned

In the early morning hours of February 2012, two semitrailers travelling in opposite directions collided on Interstate 35 in Missouri. According to the Missouri Highway Patrol, one of the big rigs veered off the left side of the road, into the median and into the southbound lanes, where it struck the other semi truck.