If you are employed in Kansas or Missouri, you have certain rights, such as the right to a workplace free of discrimination, harassment, and retaliative behavior. If you have been harassed at work or denied your employment rights, then you should know that such conduct is unlawful, and you should contact a Kansas City employment law lawyer as soon as possible.
Employment law cases require the skillful guidance of an experienced employment law attorney. At Holman Schiavone Law, LLC, our lawyers are strong advocates for employee rights. We believe that everyone deserves to feel safe and supported in their place of work and should be free to do their job without fear of discriminatory or harassing behaviors.
We offer a free consultation to everyone in the Kansas City area, so you can determine whether you have a valid case and gain clarity on your next steps. We will answer all your questions, and if you decide to continue with the representation, we will get to work quickly to protect your rights and help you recover the compensation you deserve.
We value the attorney-client relationship and will take the time to understand your situation and the harm it has caused you so that we can best support you. Employment disputes are often highly emotional, but with our support, you can take back your power.
Contact us at 816-320-6108 to schedule a free consultation with one of our experienced Kansas City employment lawyers.
What Does a Kansas City Employment Law Attorney Do?
An employment law attorney deals with all aspects of employment, including discrimination, safety issues, contracts, and wage issues. If you are dealing with a dispute, they will determine whether you have followed appropriate internal remedies and if it is appropriate to take further legal action.
At Holman Schiavone Law, LLC, our attorneys are committed to informing people about their rights so that they understand when they have been violated. That is why we offer a free consultation to all Kansas City residents. If we believe you have a valid case and you decide to continue with representation, we will quickly get to work to take action against your employer.
Our attorneys are skilled at understanding business law and language and can also help you review or prepare important contracts and agreements that protect your best interests.
There are a host of labor laws that are designed to protect you. If your employer has knowingly or unknowingly violated those laws, then it is time to take action with the help of an attorney.
Employment Law Matters Based on Protected Classes
If you have been made to feel discriminated against, harassed, or frightened at work, then you deserve a resolution. No one should be made to feel this way, especially somewhere that is supposed to support and nurture them.
Employment law is complex and is constantly changing. Therefore, it is important to have support from a Kansas City employment law attorney who can explore what your options are.
Protected Classes
There are certain characteristics that are protected by employment law on both federal and state levels; they are:
- Age
- Sex, including sexual orientation or gender identity
- National origin
- Race
- Color
- Religion
- Disability and genetic information, including family medical history
- Pregnancy, or having children
When an employee is harassed or discriminated against based on these characteristics, it is often unlawful. More information can be found on the Kansas Human Rights Commission (KHRC), Missouri Commission on Human Rights (MCHR), or the U.S. Equal Employment Opportunity Commission (EEOC) websites.
Unlawful Harassment
Harassment is always wrong. However, it is not always considered unlawful conduct. In order for harassment to be considered illegal, it must be based on a protected characteristic.
In addition, harassment must be either ongoing or severe and not a solitary incident in order for the victim to be able to file a successful lawsuit.
Sexual Harassment
A common form of harassment is sexual harassment. This is an illegal form of discrimination that could include:
- Someone making unwanted advances
- Requests sexual favors in exchange for promotion or other benefits
- Inappropriate touching
- Inappropriate comments
- Explicit material
A manager, supervisor, co-worker, or even a customer can be guilty of sexual harassment, which is any behavior of a sexual nature that makes your work environment uncomfortable.
Employment Discrimination
Similar to harassment, discrimination must also be based on protected characteristics in order for it to be considered unlawful.
Some examples of adverse employment action include:
- Wage reductions, or refusal to increase salary based on a protected class
- Refusal to allow leave for a medical condition or for pregnancy
- Denial of promotion or demotion based on a protected class
- Disciplinary action against an individual in a protected class, but not against others who did the same thing
- Refusal to provide reasonable accommodations for someone with a disability
- A negative job review based on a protected class
- Wrongful termination
- Unnecessarily forcing employees to perform tasks to which they have a religious objection
Retaliation
Another common reason why people seek our help is retaliatory behavior in the workplace. Again, not all types of retaliation are unlawful; the most common type of unlawful action is where an employee faces retaliation because they have expressed concern that they are being discriminated against or harassed or have reported another type of illegal behavior. Another is retaliation against a whistleblower.
Our employment lawyers in Kansas City, MO, will work with you to ensure that you report in a way that provides the most legal protection. If you have already reported a situation and are facing retaliation, you should speak to an experienced employment attorney as soon as possible.
Other Employment Law Violations
As an employee in Kansas City, you are protected by many state and federal laws designed to ensure that you are treated fairly. Some common violations we deal with include:
Fair Labor Standards
The Fair Labor Standards Act (FLSA) is a federal law that is in place to protect workers against unfair pay practices. It sets out regulations such as minimum wages, limitations on child labor, and requirements for overtime pay for covered employees.
Some people are exempt from FLSA, including executives and certain professionals.
- Overtime – Employees who work over 40 hours a week must receive overtime pay, at a rate not less than one and one-half times regular pay.
- Minimum Wage – The federal minimum wage is $7.25 per hour. Some states also have minimum wage laws; while the minimum wage in Kansas remains $7.25, Missouri’s minimum wage is $11.15. Where state and federal laws apply, the employee is entitled to the higher amount.
- Recordkeeping – Employers must keep time and pay records and must also display an official poster outlining the DLSA requirements.
- Child Labor – Children are prevented from employment conditions that are detrimental to their education, health, and well-being. The FLSA does not allow children under 14 to work, and children between 14 and 16 are limited on how many hours they can work.
Misclassification of Employees
If you are classified as a manager but are routinely required to perform the same duties as the people you manage, then this could be a misclassification. Exempt employers should not have to perform the same duties as nonexempt employees. Sometimes employers will get managers to perform these tasks in order to avoid paying overtime.
At Holman Schiavone, LLC, we are advocates for employees in disputes over misclassification and will work to protect your rights.
Breach of Contract
An employment contract usually includes the duties of the employee, compensation, and terms of employment. It could also include restrictive covenants such as non-compete clauses which prevent the employee from working for a competitor, even after they leave the company.
Employment contracts are legally binding, so if yours has been breached, then you should speak with a Kansas City employment law attorney who understands the language used in contracts.
Severance Agreements
Severance agreements are sometimes offered to employees who are changing positions or being laid off. The terms are negotiable and it is important to understand your rights and speak with a Kansas City employment lawyer before signing anything.
Workplace Health and Safety Violations
If you have been injured due to unsafe workplace conditions, we can help you claim compensation for your damages. Some common reasons for preventable workplace injuries include defective equipment and inadequate safety gear or training.
In addition, if you have been discriminated against or terminated because you reported an unsafe condition, then we can help protect your rights. You have a right to request an inspection of potential hazards and to ensure a safe workplace environment.
What an Employment Law Lawyer From Holman Schiavone Law, LLC
Our team of employment lawyers will take the time to understand your situation so that we can explore every option available to protect you. Will will design a settlement that best serves your interests, whether that means negotiating a settlement or representing you in court.
Every case is unique. However, they usually follow a similar structure:
Free Consultation
We offer a free consultation so that you can find out whether your rights have been violated and what your next steps should be. We offer this at no obligation so at the very least, you will walk away feeling armed with more knowledge than before.
Documentation
If you agree to representation, then we will get to work quickly to protect you. First, we will gather all documents and other evidence in relation to your claim; this could include emails, time sheets, contracts, and more.
These documents will enable your attorney to understand the extent of your claim and develop a strong case.
Investigation
Your employment law attorney will now investigate your claim in greater detail and gather all necessary evidence, such as witness statements. They will also look at workplace documents such as employment records, workplace data, and contracts.
Negotiation
Your employment law lawyer will negotiate with the defense outside of the courtroom to begin with to help reach a resolution. A resolution could include a change in workplace practices and compensation.
Trial
If negotiation is unsuccessful, then your attorney will be prepared to go to trial and stand for your rights in front of a Judge. At Holman Schiavone Law, LLC we are as skilled in litigation as we are in negotiation and will not back down when things get difficult. We are unafraid to stand against large corporations to ensure that their employees are treated fairly.
Contact a Kansas City Employment Law Lawyer Today
At Holman Schiavone Law, LLC, our Kansas City employment law lawyers have a long list of victories to draw upon. Whether you are trying to craft a contract, have suffered a personal injury accident at work, are being discriminated against, are being paid unfairly, or have been subjected to any other breach of employment law, we are here to help.
We have a strong reputation for fierce advocacy and will do whatever it takes to protect your rights and interests, whether your case requires strong negotiation or litigation. Our goal is for you to understand your rights and to be able to move from a place of confidence.
Our employment law firm will be by your side from start to finish.
Call us at 816-320-6108 to schedule a free consultation with one of our experienced employment lawyers in Kansas or Missouri.
