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If you’ve been terminated from your job in Kansas City and believe the dismissal was unjustified, you may be wondering, if your termination was legal, what rights you have and how can a lawyer help you. Holman Schiavone Law, LLC will guide you through understanding your wrongful termination, the role of a Kansas City wrongful termination lawyer in protecting your rights, and how to take action to seek justice and compensation for your unlawful dismissal.

In Missouri, which is an at-will employment state, an employer is not legally required to provide a cause for dismissal. This does not mean, however, that an employer can fire an employee for any reason, and there are many circumstances under which an employer is legally barred from terminating employment.

If you have been fired in Missouri or Kansas, and you believe that you were wrongfully terminated, it is important to know your rights and what the law says regarding your situation.

At Holman Schiavone, LLC, our wrongful termination lawyers in Kansas City, MO 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.

Please call our wrongful termination lawyers in Kansas City, MO at 816-320-6108 to schedule a free initial consultation with one of our experienced attorneys.

Understanding Wrongful Termination in Kansas City

Wrongful termination, as the term implies, occurs when an employee is dismissed for reasons that are illegal or violate a contract. An employer in Missouri cannot fire someone on any of the following grounds:

  • Because an employee is pregnant or needs to take time off under the FMLA
  • Because of an employee’s race, religion, sexual orientation, age, gender, national origin or other protected statuses
  • Because an employee has reported an employer for law, environmental, or other legal violation
  • Because the employee has claimed to have been sexually harassed on the job
  • Because the employee filed a claim for discrimination
  • Because an employee supports a co-worker’s claim of harassment or discrimination
  • Because an employee has a disability
  • Because an employee filed a workers’ compensation claim
  • Because an employee is participating in a whistleblower lawsuit

If you believe you have been wrongfully terminated, your first step should be to consult an experienced attorney to guide you through the legal process.

Employees in Missouri, an at-will employment state, 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, regardless of age, gender, race, religion, or national origin.

Navigating these legal intricacies can be daunting without the assistance of a wrongful termination lawyer. Our employment attorneys in Kansas City at Holman Schiavone Law, LLC understand the law and can explain your rights under the Missouri Human Rights Act (MHRA) and federal laws under the Equal Employment Opportunity Commission (EEOC).

The Role of a Kansas City Wrongful Termination Lawyer

A wrongful termination lawyer like those at Holman Schiavone, LLC is instrumental in the pursuit of justice. We will:

  • 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.

The role of our wrongful termination lawyers includes:

  • Evaluating your claim
  • Covering all essential expenses for your case
  • Serving as a robust advocate
  • Proficiently negotiating to safeguard your rights throughout the process

Gathering Evidence for Your Claim

The evidence required in wrongful termination cases can encompass:

  • Copies of employment contracts
  • Emails
  • Performance appraisals
  • Other pertinent documents

A wrongful termination lawyer’s role is paramount in meticulously gathering and assessing such evidence to construct a compelling case.

Enlisting a lawyer from Holman Schiavone Law, LLC to gather evidence in a wrongful termination case offers several advantages. We can aid in collecting crucial evidence, such as employment contracts and emails, and can also facilitate obtaining testimony from employment law professionals, which can significantly bolster your case.

Evaluating Your Employer’s Actions

A careful examination of your employer’s actions can often reveal if your termination was indeed unlawful. At Holman Schiavone, LLC, we assess an employer’s actions by scrutinizing their policies as outlined in the employee handbook and examining how similarly situated employees were treated.

Our role as employment lawyers is to gather compelling evidence that demonstrates the unlawful nature of your employer’s decisions and conduct, and effectively present this evidence during legal assessments to establish wrongful termination. This is especially important in cases where an employee has been terminated for filing a workers’ compensation claim.

Negotiating with Your Former Employer

Negotiation is a critical part of wrongful termination cases. This is where a lawyer’s experience truly shines. We are tasked with meticulously gathering and assessing evidence to construct a compelling case, ensuring that the employee’s legal rights are protected throughout the process.

Kansas City practices at-will employment, allowing employers to terminate an employee for any non-illegal reason. Yet, when wrongful termination occurs, the employee may seek monetary damages and legal recourse. Successful negotiations in a wrongful termination case can lead to significant compensation, such as:

  • Back pay
  • Lost wages
  • Severance pay
  • Emotional distress damages

Discrimination: A Common Ground for Wrongful Termination

Discrimination is a prevalent cause of wrongful termination, occurring when employees are treated unfavorably because of protected characteristics. A wrongful termination attorney can help hold the employer accountable for their actions and seek justice for wrongfully terminated employees through wrongful termination claims. If you find yourself in such a situation, seeking the assistance of wrongful termination lawyers is crucial to ensure a positive resolution.

Significant federal and state laws, like the Civil Rights Act of 1964 and the Americans with Disabilities Act, safeguard employees against discrimination-based wrongful termination. These legislations were enacted to provide equal opportunities for all and protect individuals from discriminatory practices, thereby promoting a fair and inclusive workplace.

These protections not only serve to uphold the principles of fairness and equality but also help in ensuring a safe and respectful work environment for all.

Retaliation Cases: Standing Up for Your Rights

Workplace retaliation manifests in numerous ways, ranging from escalated workloads and biased write-ups to a hostile demeanor from co-workers or 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 at Holman Schiavone, LLC, is capable of helping you establish that your termination rationale was a smokescreen for illegal retaliation. This requires careful evaluation of the evidence and a thorough understanding of both state and federal laws to ensure that your rights are protected.

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, it is advisable to promptly seek legal counsel. This will not only help to:

  • Establish the existence of a binding agreement and the employer’s failure to meet its obligations
  • Guide you in seeking compensatory damages
  • Guide you in seeking punitive damages (in some cases)

Federal Employees: Navigating Complex Legal Waters

Attorneys working together on a case.

Federal employees face unique challenges in wrongful termination cases. Some of these challenges include:

  • The formidable defense of qualified immunity in Bivens cases (Bivens cases refer to lawsuits filed by individuals seeking damages for constitutional violations committed by federal officials. These cases are named after the Supreme Court case Bivens v. Six Unknown Named Agents, which established the right to bring such lawsuits for violations of Fourth Amendment rights by federal agents.)
  • 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 are also safeguarded from unjust dismissal through legal measures like the prohibition of discriminatory actions and the Civil Service Reform Act (CSRA), which prohibits discrimination in personnel actions. Having experienced legal representation is of utmost importance for federal employees to navigate the intricate federal law landscape, safeguard their rights, and secure just compensation.

How Holman Schiavone Law, LLC Can Help You

Wrongful termination is a complex legal issue that requires professional legal counsel. From understanding the legal implications of wrongful termination to recognizing the role of a wrongful termination lawyer, employees must be aware of their rights and the protections offered under state and federal laws.

At Holman Schiavone Law, LLC, we are committed to championing the rights of employees and fostering an environment of dignity, respect, and fairness. We stand by your side, providing experienced legal representation to navigate the intricate legal landscape and 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. Our focus spans from:

  • Wrongful termination
  • Workplace harassment
  • Discrimination
  • Wage disputes
  • Other labor law matters

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. But, where do you start? The first step towards seeking justice is a free initial consultation.

Free Initial Consultation: Your First Step Towards Justice

Our complimentary initial consultation is designed to help you understand your rights and the merits of your claim. There are no charges for this initial consultation, and attorney fees are only charged if we successfully recover damages for you.

To prepare for your free initial consultation, it’s important to compile detailed information about your case. This will facilitate the provision of pertinent legal advice for the development of a robust case strategy. For a free initial consultation, call our Kansas City office at 816-320-6108 or email us. Our Kansas City wrongful termination attorneys encourage you to speak with an employment lawyer who will properly evaluate your situation, provide honest advice, and vigorously protect your rights if you decide to pursue a claim.

Frequently Asked Questions

Should I Accept a Settlement for Wrongful Termination?

As a lawyer, the decision to take a settlement for wrongful termination in Kansas City should not be taken lightly. It’s important to assess the circumstances of your termination, the strength of your case, and the terms of the settlement being offered before making a decision. Wrongful termination settlements in Kansas City can vary widely, and it’s crucial to work with a knowledgeable attorney from Holman Schiavone Law, LLC who can help you navigate the process and ensure that your rights are protected.

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, and the emotional toll of continuing to pursue legal action. It’s important to consider all of these factors carefully and work with a skilled wrongful termination attorney in Kansas City who can help you evaluate your options and make the right decision for your unique situation. Ultimately, the decision to accept a settlement should be based on a thorough understanding of your legal rights, the strength of your case, and the potential risks and rewards of pursuing further legal action.

Can you sue for wrongful termination in Kansas?

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. Working with an attorney such as Holman Schiavone Law, LLC is crucial in seeking justice.

Can you sue for wrongful termination in Kansas?

Yes, in Missouri, you can pursue legal action for wrongful termination under certain circumstances, such as if the termination violates state or federal anti-discrimination laws or breaches an employment contract. It is recommended to consult with a legal professional such as Holman Schiavone Law, LLC to assess the specifics of your situation and determine the viability of a wrongful termination claim.

What qualifies for wrongful termination in Missouri?

Wrongful termination in Missouri can occur if you report workplace safety violations, refuse to engage in illegal activity, or take action against public policies. These situations can qualify as valid wrongful termination claims.

Is Missouri an at-will state?

Yes, Missouri is an at-will employment state. In at-will employment, either the employer or the employee can terminate the employment relationship at any time and for any legal reason, without prior notice or cause. However, certain exceptions exist, such as when there’s a contractual agreement specifying terms of employment or if the termination violates anti-discrimination laws.

What is the role of a wrongful termination lawyer?

A wrongful termination lawyer such as Holman Schiavone Law, LLC plays a crucial role in thoroughly investigating the evidence, advocating for your claim in court, and providing skilled negotiation to support your case. Their role encompasses evaluating the claim and offering strong legal representation.

What are the legal protections against discrimination-based wrongful termination?

Employees are protected against discrimination-based wrongful termination by legislation such as the Civil Rights Act of 1964 and the Americans with Disabilities Act, which prevent termination based on protected characteristics like race, religion, sex, and disability.