As an employee in Missouri, you have a right to a workplace free of harassment, discrimination, and retaliation behaviors. If you have been denied your rights, then you should speak to one of our Missouri employment law attorneys as soon as possible. Any action against your rights at work is unlawful, and we can help you take appropriate action.
Labor and employment law is complex, and it is important that you have legal representation from a law firm that will give your case the care and dedication it deserves. At Holman Schiavone Law, LLC we are fierce advocates for employee rights. We strongly believe that everyone deserves to feel safe and supported in their workplace and should be free to work without fear or harassment, or discrimination.
Our firm represents employees in both state and federal courts, so regardless of the complexity of the employment law issues you are facing, we can help.
We offer a free consultation so that you can seek legal counsel and gain clarity on your next steps. We will answer all your questions and tell you if we think you have a valid claim. If we believe you do and you agree to representation, we will get to work quickly to find a resolution.
Employment law cases are often highly emotional, but we are here to support and guide you so that you can take back your power and claim the compensation you deserve.
We can also help employees to understand and negotiate contracts. We are well-versed in contract law and language and can help ensure that your rights are protected.
Contact us at 816-320-6108 to schedule a free consultation with an experienced Missouri employment law lawyer.
Are You Being Treated Unfairly at Work? Our Employment Attorney in Kansas City Can Help.
At Holman Schiavone, LLC, our employment lawyers in Kansas City, MO represent employees in a wide range of employment law disputes. Whether you are facing discrimination, sexual harassment, wrongful termination or another adverse employment action, our employment attorneys in Kansas City are here to stand up for your rights.
What a Missouri Employment Law Lawyer From Holman Schiavone Law, LLC Can Do For You
At Holman Schiavone Law, LLC, we are proud of our personalized approach to the attorney-client relationship. We will take the time to understand your unique circumstances so that we can explore every option and determine the best way forward. We will determine what a good settlement looks like in your case and how to protect your rights and interests, whether that involves negotiating a settlement or representing you in court.
Every case is different, but here is a rough idea of what you can expect when you contact our employment law firm.
We offer a free consultation to all Missouri employees at no obligation. We believe that everyone has a right to information about their employment rights, no matter their financial situation. In your free consultation, we will consider your case and offer guidance regarding your next steps.
Once you agree to representation, we will get to work quickly to gather all evidence related to your cases, such as emails, contracts, and time sheets. These documents will help your employment law lawyer to understand your case.
Investigate Your Claim
Once we have a foundation for your claim, we will begin to investigate. Investigations involve collecting additional evidence to ensure that you have a strong case. They may look at employment records, workplace data, and any history of claims brought against your employer. Your attorney may also speak to witnesses and gather statements.
Your Missouri employment law attorney will first work to negotiate a just resolution outside of the courtroom. A resolution could include changes to workplace practices as well as compensation.
If your employer refuses to accept a fair resolution, then your employment law attorney will be prepared to fight for you in front of a Judge. At Holman Schiavone Law, LLC, we are always prepared to fight for our clients in front of a Judge when negotiations break down, no matter the size of your employer.
Some employment law matters are based on protected classes. Certain characteristics are protected by employment law, which means that how you are treated cannot be affected by them.
The protected classes are:
- National origin
- Sex, including sexual orientation and gender identity
- National origin
- Genetic information, including family medical history
- Having children
Harassment at work is never acceptable. However, it is not always considered unlawful. In order for harassment to be considered illegal conduct in the workplace, it must be based on protected characteristics such as age or sexual orientation.
In addition to being based on a protected characteristic, harassment must also be either severe or ongoing. It would be very difficult to succeed in a lawsuit based on a one-time incident, especially if the workplace dealt with it properly.
One common form of harassment is sexual harassment, which is in its nature based on sex or gender. It could involve unwanted advances, inappropriate comments or touching, explicit materials, or requests for sexual favors in exchange for promotion or other benefits.
Anyone can be guilty of sexual harassment, including a customer, co-worker, supervisor, or manager. It covers any behavior of a sexual nature that makes you feel uncomfortable and is never acceptable.
Retaliatory behavior can also be unlawful. Some retaliatory behavior is not unlawful; for example, if someone is fired because they stole from their workplace, then this is not unlawful. However, if you are facing retaliation because you expressed concern regarding discrimination, harassment, or other illegal behavior, then this is entirely unjust.
Our employment lawyers will help ensure that you report in a way that provides the most legal protection. If you have already reported a situation and are facing retaliation, then you should seek a free consultation with an employment attorney as soon as possible.
Discrimination must also be based on protected characteristics in order for it to be considered unlawful; some examples include:
- Denial of promotion or a demotion based on a protected characteristic
- Disciplinary action against someone with a protected characteristic, but not against other employees who did the same thing
- Refusal to allow leave for pregnancy or a medical condition
- Refusal to increase salary or a wage reduction based on a protected class
- Forcing employees to perform a task that they have a religious objection to
- Refusal to provide reasonable accommodations for a liability
- Wrongful termination
- An unfair job review based on a protected characteristic
Other Employment Law Violations
As an employee in Missouri, there are both state and federal laws designed to ensure that you are treated fairly. Some common law violations include:
Breach of Contract
Employment agreements can include terms of employment and duties of the employee and manager. In some cases, it may also include restrictive measures such as non-compete clauses which prevent the employee from working for a competitor of the company, even after they leave.
Employment contracts are legally binding, and so if yours has been breached, then you should speak with an experienced employment law attorney who understands the language used.
Fair Labor Standards (FLSA)
FLSA is a federal law that aims to protect employees against unfair pay practices, and certain states also have additional laws to protect employees. Some professionals are exempt from FLSA, such as executives and certain professionals.
FLSA sets regulations such as minimum wages, requirements for overtime pay, and limitations on child labor. Examples include:
- Minimum Wage – The minimum wage set on the federal level is $7.25 per hour. However, where both state and federal laws apply, the employee is entitled to a higher amount, and Missouri has its own law, which sets the minimum wage at $11.15.
- Overtime – Covered employees who work more than 40 hours a week are entitled to overtime pay. Overtime pay must be at least one and one and a half times regular pay.
- Child Labor – Children under 14 are not able to work, and children between 14 and 16 are limited in the number of hours they are allowed to work. Children over 14 who do find employment are also protected from employment conditions that are detrimental to their education, health, and well-being.
- Recordkeeping – Employers are required to maintain and keep time and pay records.
Misclassification of Employees
If you are a manager but are repeatedly asked to perform the same duties as the people you manage, then this is misclassification. You should not have to perform the same duties as FLSA-covered employees, and your employer may be doing this to avoid paying overtime.
Severance agreements may be offered to an employee who is changing positions or being laid off. It is important to know that the terms are negotiable, and you have certain rights. Therefore, before you sign anything, you should speak to a Missouri attorney.
Workplace Health and Safety Violations
If you have been injured at work due to unsafe conditions, then you should speak to an employment lawyer as soon as possible. They will help you claim compensation for your injuries.
Examples of workplace safety violations include inadequate training, defective equipment, and inadequate safety gear.
Additionally, if you are facing discrimination or termination because you made a report about an unsafe condition, then this is unacceptable. You are within your rights to report unsafe conditions, and we can help you reach a resolution with your employer.
What Legal Services Does a Missouri Employment Law Lawyer Provide?
An employment lawyer deals with all aspects of employment, including contracts, health and safety, discrimination and harassment, wage issues, and more.
At Holman Schiavone Law, LLC, we will make sure that you have followed appropriate internal remedies and decide whether it is appropriate to take legal action. We are committed to empowering people with knowledge of their rights so that they know when they are violated and what they can do about it.
Our attorneys are highly skilled negotiations and litigators in both federal and state courts. We understand business law and language and can guide you through all employment law matters involving preparing and reviewing contracts and agreements, holding your employer accountable for discrimination, and seeking compensation for a personal injury at work.
State and federal labor laws exist to protect you, and if your employer has violated their laws, then it is time to take action.
Employment Law Solutions
In every case our employment law firm handles, our employment lawyer in Kansas City, MO fights for workers against employers who engage in unfair, discriminatory, or harassing behavior. We handle a wide range of employment law matters, including:
- Civil rights in the workplace
- Constitutional law violations
- Labor law violations
- Workplace health and safety violations
- Breach of contract issues
- Wage and hour disputes
- Misclassification of employees issues
- Overtime pay issues
- Off-the-clock pay issues
- Meal and rest break violations
- Long-term disability insurance claim matters
- Employer retaliation
- Discrimination and harassment in the workplace
- Unlawful disclosure of your HIV status
Our team will take the time to understand your situation thoroughly. Our Kansas City employment attorney will use that understanding to explore every possible legal option to protect you. Our strategy will be carefully designed to get the best possible results for you, whether that means going to court or negotiating a settlement on your behalf.
Our Kansas City employment lawyers can also help you take a proactive stance to avoid future legal entanglements.
We can carefully review your employment-related documents, such as:
- Employment contracts – An employment contract typically includes provisions regarding the duties of the employee, the term of employment, and compensation. The contract may also include restrictive covenants, such as non-compete clauses, that limit the employee’s ability to work for a competitor after leaving the company.
- Benefits contracts – A benefits contract is an agreement between an employer and employee in which the employer agrees to provide certain benefits to the employee in exchange for services rendered. The benefits may include health insurance, life insurance, disability insurance, and retirement savings plans.
- Severance agreements – Severance agreements may be offered to employees who are being laid off, fired, or who are resigning from their position. The terms of the agreement are negotiable, and it is important to consult with an employment lawyer in Kansas City before signing anything.
- Non-compete agreements – A non-compete agreement is a contract between an employer and employee in which the employee agrees not to compete with the employer during or after the term of employment. Non-compete agreements are typically used to protect an employer’s business interests, such as trade secrets, customer relationships, and goodwill.
- Confidentiality agreements – A confidentiality agreement (also called a nondisclosure agreement or NDA) is a legally binding contract in which a person or business agrees to not disclose information deemed confidential. Information covered by a confidentiality agreement may include but is not limited to, proprietary information, trade secrets, and sensitive personal information.
The time you invest in making sure you understand every aspect of your employment can save you a good deal of trouble later. By discussing your options with one of our employment attorneys in Kansas City, you can clarify all of your rights and responsibilities.
Employment Law FAQ
Whistleblowing is complicated and not something you should do without legal advice. In basic terms, you do have a right not to suffer retaliation after disclosing information that you believed to be in the public interest.
Yes, you can be made redundant while pregnant, as long as your pregnancy is not the reason for the redundancy. Your employer must still follow the usual rules for redundancy, and if they fail to do so, then you may have a claim for unfair dismissal. It can be difficult to prove that the redundancy occurred as a result of your pregnancy, but an attorney can help you determine whether you could have a claim.
Missouris’s minimum wage is $11.15 per hour. However, some people are exempt from minimum wage, including tipped employees and some student workers.
Contact a Missouri Employment Law Lawyer Today
Employment issues must be treated with care and dedication. Therefore, it is important to seek help from an experienced employment law attorney who can explore all of your options.
At Holman Schiavone Law, LLC, our Missouri employment law lawyers are prepared to help you with any employment issues you might be facing, from crafting a contract to dealing with discrimination and employment law violations.
We have a stellar reputation for being fierce advocates, and we will protect your rights at every stage. Call us at 816-320-6108 or email our team to schedule a free consultation today.