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]]>Case Filed on June 22, 2022
Our office along with Donelon, P.C. filed a collective class action claim and class claim on behalf of Landscape Laborers working for Signature Landscaping, LLC in Kansas and Missouri. This covers employees who perform manual job duties in both Missouri and Kansas, including but not limited to: irrigation digging and installation; dirt movement; loading and hauling landscape materials; planting and removing plants, flowers, trees, etc.; building retaining walls and other landscape construction; maintaining and trimming landscaped plants; and snow removal. A collective class action claim for overtime pay was brought under the Fair Labor Standards Act (FLSA) and a class action claim under Kansas and Missouri laws. The lawsuit alleges that these employees not paid time and one half their hourly rate of pay for hours worked in excess of forty per workweek. It also seeks liquidated damages in an amount equal to the overtime pay owed.
For a copy of the Complaint filed against the Defendant: click here.
For more information, contact us.
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]]>The post What to Do If You’ve Been Wrongfully Terminated in Missouri appeared first on Holman Schiavone, LLC.
]]>If you suspect you’ve been terminated for an illegal reason, taking immediate action is important. Start by gathering all the relevant documentation, including your termination letter (if provided), employee handbook, performance reviews, pay stubs, your employment contract, and any communications with your employer related to your termination or the events leading up to it.
Additionally, it’s helpful to write down as many details as you remember about your termination and the circumstances surrounding it. Include specific dates, names of individuals involved, and any significant incidents. While you gather evidence, avoid contacting your former employer directly. Any communication with your former employer is best handled by a qualified lawyer at this point.
Additionally, consider filing for unemployment benefits while you search for new employment, even if you believe you were fired illegally. It’s helpful to start this process while your work experience is still fresh. When asked about your previous employment situation by potential employers, be truthful but brief with your explanation. Focus on framing the situation in as positive a light as possible without misrepresenting the circumstances: ask your lawyer for advice.
Consulting an experienced employment attorney is the most important step you can take if you believe you’ve been a victim of illegal termination. A lawyer can help you evaluate whether your termination violated Missouri or federal law, determining if you have grounds for a legal claim. They can assist you in gathering evidence to support your case, including witness statements, company records, and other documentation.
Your lawyer will also help you work within the statutes of limitations (the timeframe within which you must file a claim), correctly file with the proper agencies, and follow all procedures involved in the process. If necessary, an attorney can also effectively communicate with your former employer, negotiate potential settlements on your behalf, or file a lawsuit.
Look for an attorney with proven experience in handling wrongful termination cases specific to Missouri laws and regulations. Your ideal lawyer should have in-depth knowledge of both Missouri state laws and federal laws that prohibit discrimination, retaliation, and other illegal employment practices and extensive experience in this area.
Strong communication and negotiation skills are essential, too, as your attorney will be advocating for you throughout the process. Finally, ask about the attorney’s success rate in wrongful termination cases. If they have a history of securing positive outcomes for their clients, that’s a good way to gauge their expertise.
Sometimes, an employer may have an internal grievance process outlined in the employee handbook. If this is the case, familiarize yourself with the procedures and deadlines. While internal processes won’t always resolve termination disputes, sometimes they can present an opportunity for an early resolution.
They can also be especially helpful in that, through following them, you may get more communication from your employer that can help your case later. Additionally, these procedures may flag up that there are specific reasons for which an employee can or cannot be fired, which could reveal that your firing violated a company policy.
Depending on the nature of your termination, you’ll want to file a complaint with the appropriate government agencies. The Missouri Commission on Human Rights (MCHR) handles discrimination complaints, while the Equal Employment Opportunity Commission (EEOC) addresses discrimination claims at the federal level. There may also be other relevant agencies depending on your specific circumstances, such as the Department of Labor: your lawyer will help you figure out the best agency to file with.
If your employer offers a severance package, carefully review the terms before signing. The package may include clauses that waive your right to sue or file claims, so having an attorney review the agreement will ensure you understand its full implications and don’t forfeit your rights unknowingly.
While pursuing legal action may take time, actively looking for new employment is important not just for your personal wellbeing and career future, but also for your claim should you have to go to court. Update your resume, reach out to your professional network, and explore job boards and company websites.
If you are successful in proving your wrongful termination claim, you may be entitled to several types of damages to compensate for your losses. These can include back and front pay. The first covers the wages you would have earned from the time of your termination until you find a comparable new job or until the date of trial. The second is awarded when reinstatement to your previous job is not feasible. Front pay aims to compensate you for the future wages you’re expected to lose due to the termination.
You may also receive compensation for the costs associated with losing benefits such as health insurance, retirement contributions, or stock options that were provided as part of your employment. And since illegal termination can cause significant emotional and mental stress, damages may be awarded to compensate for anxiety, depression, loss of reputation, and other forms of emotional suffering.
In very rare cases, where the employer’s actions were particularly egregious or malicious, the court may order punitive damages. These damages are meant to punish the employer and discourage such misconduct in the future. Also, in some cases, you may be able to recover the costs of your legal fees and other expenses associated with pursuing a claim.
The specific amount of damages you may be entitled to will depend on the factors surrounding your case. These include factors such as the severity of the illegal termination, the length of your employment, your salary and benefits, your efforts to find new employment, and the strength of your evidence. An experienced employment attorney can help you thoroughly assess the potential value of your claim and the best strategy for obtaining a fair outcome.
In a wrongful termination claim, you generally bear the burden of proving that your employer’s stated reason for firing you was a pretext and the real reason was illegal or in violation of your contract. Proving this can be difficult, which is another reason it’s best to have a lawyer on your side. However, don’t forget that even with strong evidence and a skilled attorney, there’s never a guarantee of success in legal proceedings. A good attorney will always provide you with an honest assessment of your case and the potential outcomes.
Losing your job can be a devastating and overwhelming experience, especially if it was done wrongfully. If you’re in Missouri and believe you’ve been a victim of wrongful termination, contact the experienced employment law attorneys at Holman Schiavone, LLC right away.
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]]>The post How Can I Find a Good Gender Discrimination Attorney? appeared first on Holman Schiavone, LLC.
]]>Understand that not all lawyers possess the knowledge and resources necessary to succeed in gender discrimination lawsuits. Avoid general practice attorneys, as this complex area of law demands legal experience in discrimination and an understanding of how court opinions have shaped both federal and Missouri law over time on this point. Here are specific things to prioritize when reviewing options in Missouri:
Your ideal attorney dedicates their legal career to handling discrimination and labor rights claims. Focus on whether the individual or law firm handles a wide array of legal problems or particularly emphasizes the employment law aspects of their business on websites, listings, and even the general marketing focus of their law firm.
Success comes from education and experience. Ask detailed questions during your initial consultation, and ask the attorney to highlight specific past client situations that were similar to your own to determine if their depth of experience matches well with your situation.
Be aware, of course, that due to client confidentiality rules, the attorney cannot give you specific details about past clients, like names, phone numbers, or addresses, without permission. They should still be able to describe the cases, however, and give general figures for how much the cases were worth in the end.
Many cases ultimately settle outside of court. However, retaining an attorney who is both willing to go to court and experienced in presenting a case there if negotiations fail will give you maximum leverage. Inquire if the firm employs seasoned litigators capable of taking your case all the way to victory through courtroom skills, witness preparation, and persuasive argument development in the courtroom.
Begin your search with trusted recommendations, if you’re able. Here are valuable ways to supplement these avenues:
Lawyer memberships offer a potential starting point to locate specialists. Additionally, the Missouri Bar maintains a lawyer and firm search function.
Don’t rely solely on search engines: use resources specializing in attorney ranking services or listing firms most lauded by peers, judges, and past clients. Some of these offer reviews highlighting past legal victories and practice emphasis for the firms listed.
Use those services in combination with reviews available directly on Missouri attorneys’ official websites and social media presence as one layer of due diligence during your research.
While all firms juggle large caseloads, gender discrimination claims often have extra layers of stress for clients and a need for sensitivity from lawyers. You deserve a strong client-advocate partnership built upon openness and responsiveness.
Note how you interact with the various firms you interview: did they answer calls or emails promptly and seem enthusiastic about handling your potential matter? Was clear, jargon-free language used during explanations? The right person to fight for your workplace rights in court won’t leave you hanging or confused for long stretches.
Your comfort level sharing detailed and sometimes potentially embarrassing facts will ultimately contribute to building your lawsuit in the early stages. Don’t ignore gut feelings. Does the attorney demonstrate both compassion towards you and the drive to bring necessary to fight difficult opposing counsel?
Most reputable employment lawyers specializing in discrimination work on a contingency fee basis. This means you owe no upfront retainer, and attorney fees are deducted as a percentage from any monetary success achieved through a favorable settlement or court victory.
Some may demand reimbursement of litigation costs as well as fees, while others can recoup all of those from the defendant in some circumstances. Discuss this during your early consultations. The fee arrangement shouldn’t be the deciding factor as you prioritize skill and experience, but you should always be fully clear about fees. A skilled and reputable attorney will not try to hide fee structures from you.
As the person confronting potential gender discrimination within a Missouri workplace, your initial recounting of events sets the stage for everything thereafter. Before initiating contact with any attorneys, consider preparing some notes with specifics that will help you quickly get past the basics and into the details of your case, including:
An excellent gender discrimination attorney will have strong interviewing skills and know how to flesh out those initial anecdotes further, but your willingness and ability to detail all the facts in a structured preliminary session sets the stage for successful representation.
If your concerns involve what some might consider mere annoyance, and you believe voicing your issues to a superior could make a difference, then that’s probably a wise first step. However, when workplace dynamics cause you direct economic damage or have a serious emotional impact, consulting a professional familiar with employment law is always a smart move. Here are some scenarios where an attorney is necessary:
Missouri and federal law both provide some tools for situations where an employee of a different gender performs essentially the same tasks, carries comparable qualifications, and yet receives higher pay due to gender alone. A qualified attorney will know how to examine company payroll records and assess your unique situation.
When you’re denied career advancements with little feedback as to why, but others performing to the same standards and demonstrating equal dedication seem to progress faster, gender bias may be a factor. This can be a difficult pattern to prove without strong legal guidance from a gender discrimination attorney in Jackson County, Missouri.
Gender discrimination might come in the form of unwanted comments, crude behavior, discriminatory attitudes, or a work atmosphere subtly but intentionally structured to undermine or limit the authority, progress, or career satisfaction of your gender. If you are starting to wonder if you’re being targeted, it’s likely time to talk with an attorney.
Many Missourians encounter situations at work that they brush off as minor. Unfortunately, even isolated discriminatory acts can escalate if unchallenged. An initial consultation with an experienced attorney allows you to understand applicable employment protections and whether you have a case. Contact us at Holman Schiavone, LLC right away to talk with experienced Missouri employment lawyers.
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]]>The post What Damages Can I Recover in a Sexual Harassment Case? appeared first on Holman Schiavone, LLC.
]]>Compensatory damages are designed to make the victim “whole” again, to the extent that this is possible. These damages cover a wide range of losses directly resulting from the sexual harassment.
Economic damages are tangible losses that can be quantified in monetary terms. These include lost wages, which are compensation for the income lost due to the harassment. This could be due to being forced to leave a job, being demoted, or missing work due to stress or trauma caused by the harassment.
These damages also include medical damages, which are costs incurred for medical treatment resulting from the harassment, which are often for mental health services such as therapy or counseling, though any medical costs you have which you can show resulted from the harassment should be covered.
Non-economic damages cover losses that are more subjective and not easily quantifiable. These include, for instance, emotional distress, which is compensation for the psychological impact of the harassment, such as anxiety, depression, and trauma. Loss of enjoyment of life are damages for the decrease in the quality of life experienced as a result of the harassment. You may also be able to seek damages for reputational damage caused by the harassment.
Sexual harassment can strain personal relationships, and damages may be sought to compensate for this aspect of a victim’s life at times. The disruption to family life, friendships, and social interactions is a critical component of the overall impact of the harassment, and a skilled lawyer will ensure this aspect of your suffering is not overlooked.
Punitive damages are awarded not to compensate the victim but to punish the perpetrator and deter similar conduct in the future. Under Missouri law, these damages are available in cases where the harassment was particularly egregious or where the perpetrator acted with malice or reckless indifference to the rights of others.
These are fairly rare, so you should always talk to a Jackson County, Missouri sexual harassment lawyer about whether there’s any chance they might apply in your case. To award punitive damages, a court must find clear and convincing evidence that the perpetrator acted with a deliberate and flagrant disregard for the rights and safety of the victim. The amount awarded is often based on the severity of the misconduct and the perpetrator’s financial status.
In some sexual harassment cases, victims may also recover attorneys’ fees and other legal costs. This provision helps to ensure that victims have access to legal representation, regardless of their financial situation. The more egregious the harassment and the less cooperative the guilty party, the more likely a court will be to require them to pay the fees and costs incurred by the victim.
In addition to monetary compensation, victims of sexual harassment in Missouri may seek restitution, which involves restoring their position to what it would have been if the harassment had not occurred. This can include:
If the victim was demoted, transferred, or wrongfully terminated, they might seek reinstatement to their former position or an equivalent role.
Courts may order the employer to take specific actions to prevent future harassment, such as implementing training programs or establishing more effective reporting and response procedures.
Victims of sexual harassment may also be able to claim damages for the impact on their future earnings and career opportunities. This aspect of damages acknowledges the long-term effects that such experiences can have on a person’s professional trajectory. This projection considers the potential promotions, salary increases, and career advancements that the victim might reasonably have expected had the harassment not occurred.
Missouri law and federal law have specific statutes and case law that govern the awarding of damages in sexual harassment cases. These laws shape how damages are calculated and what types of compensation are available to victims, and this is just one reason it is so important to work with an experienced local attorney familiar with all the federal statutes and the Missouri Department of Labor rules.
At the federal level, there are caps on how much compensation any single employer can be required to pay for a sexual harassment lawsuit, for instance. For employers with 15 to 100 employees, the limit is $50,000. For those with 101 to 200 workers, the maximum is $100,000. For employers that have 201 to 500 employees, the maximum is $200,000. For employers with more than 500 employees, $300,000 is the maximum. Missouri has its own laws, and you will need the help of a skilled lawyer to understand how all federal and state laws applied to your situation.
In sexual harassment cases, expert testimony can help to establish the extent and impact of damages, particularly for non-economic losses like emotional distress.
Mental health professionals can provide insights into the psychological effects of sexual harassment, helping to quantify the emotional damages that a victim has suffered. Their assessments and testimony can lend credence to claims for emotional distress, anxiety, and other psychological impacts and also help laypersons to understand mental health issues they might otherwise not take as seriously as they should.
Vocational experts may be called upon to assess the impact of harassment on a victim’s career trajectory. They can offer opinions on lost earning capacity, the likelihood of future employment in the same field, and whether there will be any need for retraining.
Employers can be held liable for the harassment perpetrated by their employees, especially if they failed to take appropriate actions to prevent or address the harassment. However, there are situations where they may not be liable.
For example, if an employee is harassed by a customer or client, and the employer responded appropriately as soon as they were aware, they would not be liable. Likewise, if an employer did all due diligence in hiring and in creating a safe workplace, but somehow a harasser still manages to slip in and violates company policies (which can happen), then so long as the employer responded immediately to deal with the situation properly, they may not be liable for the incident.
Recovering damages in a sexual harassment case requires a good understanding of the types of compensation available, how to calculate and prove them, and all the legal processes involved in protecting the rights of a victim. The laws can be complicated, and the path forward may seem too difficult to walk: but remember that you do not have to walk it alone. If you’ve been harassed, the law is on your side. Contact Holman Schiavone, LLC right away for a free consultation on your case.
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]]>The post 8 Examples of Wrongful Termination appeared first on Holman Schiavone, LLC.
]]>In Missouri, it is illegal to terminate an employee due to their race, color, religion, national origin, sex, age (if over 40), disability, or genetic information. For instance, if an employee is fired solely because they are from a certain ethnic background, this would constitute wrongful termination. A specific example could be a situation where an employee, perhaps the only one of a certain race in the office, is laid off without any valid reason or performance-related issues, especially if other employees with lower performance ratings are retained.
Another example would be firing a 45-year-old solely because of their age, which might happen if an employer believes a younger person might do the job faster and cheaper than a more experienced person.
Employees are protected under various laws when they exercise their legal rights. If an employee is terminated for filing a workers’ compensation claim, reporting a safety violation, or participating in an investigation or lawsuit against their employer, it can be considered wrongful termination.
For example, an employee who reports safety hazards in the workplace and is subsequently fired may have a valid wrongful termination claim. This protection also extends to whistleblowers who expose illegal activities within their organization. Even if an investigation reveals that no illegal activities were going on, so long as the employee made the report in good faith, they cannot be fired for doing so.
If an employee has a written, oral, or implied contract that stipulates the conditions under which they can be fired, and the employer does not keep to these conditions in firing that employee, this can lead to a wrongful termination claim. There are two primary scenarios where a breach of contract might be relevant:
If you have a formal written employment contract stipulating specific termination provisions, such as requiring cause for dismissal or outlining a defined severance package or timeframe for notification, the employer must abide by these terms.
For example, imagine a contract guaranteeing employment for two years or requiring written notice and severance pay before termination. If the employer terminates you after eight months, or without giving you a written notice, you may have a valid claim for breach of contract.
Even in the absence of a formal written agreement, certain employer actions or company policies can establish an implied contract. If there are consistent practices within the company or verbal assurances were given, these create a reasonable expectation of continued employment under specific conditions.
Here’s an example: If your employer consistently promotes employees based on seniority, and you’ve been meeting or exceeding performance expectations for years, an implied contract of advancement based on seniority could be argued. If the company claims downsizing and fires you while promoting a junior employee with less experience without explanation, this could potentially be considered a breach of the implied contractual obligation of seniority-based advancement.
It’s important to note that proving an implied contract can be very challenging; it’s certainly more difficult to prove than demonstrating a breach of a written agreement. Consulting with a wrongful termination lawyer in Jackson County, Missouri will be helpful, as your lawyer can assess the strength of your claim and determine the best course of action.
Sexual harassment in the workplace is a serious issue, and termination as a part of this harassment can be grounds for a wrongful termination suit. If an employee is fired for refusing sexual advances from a superior or for reporting such behavior, this is a clear violation of their rights.
Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to take leave for specific family and medical reasons. If an employee is fired for taking FMLA leave, this would be considered wrongful termination. For example, an employee who takes leave for a serious health condition and is then terminated upon their return to work might very well be a victim of wrongful termination.
One well-established example of a public policy violation is firing an employee for refusing to engage in illegal activity. If your employer pressures you to commit a crime or violate safety regulations, and you refuse, they cannot legally terminate you for that refusal. Public policy dictates that upholding the law and protecting safety outweighs an employer’s interests.
Another example involves situations where an employee is terminated for fulfilling a public duty, like jury duty, reporting child abuse or neglect, or serving in the military reserves. These actions benefit society as a whole, and employers cannot penalize employees for fulfilling such obligations. It is important to note that not every instance of employer conduct that might seem unfair rises to the level of a public policy violation. The specific circumstances of each case, the nature of the employee’s actions, and the specific public policy involved will all be weighed in determining whether there was a wrongful termination.
Pregnancy discrimination is another form of wrongful termination. It is unlawful to terminate an employee due to pregnancy, childbirth, or any related medical condition. For example, if an employee is let go because they are pregnant or need unexpected time off for a pregnancy-related condition, this would be a violation of their rights. This also includes situations where an employer may cite performance issues as a pretext for termination when the real reason is the employee’s pregnancy.
As discussed earlier, Missouri is a “right-to-work” state, meaning employees are not obligated to join a union or participate in union activities; but employers also cannot retaliate against employees who choose to exercise their rights under federal labor laws. The National Labor Relations Act (NLRA) protects a wide range of union activities, including:
It is illegal for an employer to fire, demote, discipline, or otherwise discriminate against an employee because of their union activity or even lack thereof.
If you believe you’ve been terminated for discriminatory reasons, retaliation, violation of public policy, breach of contract, or any other reason listed above – or even if you’re not sure – don’t hesitate to seek legal counsel. Consulting with an experienced employment lawyer can help you understand your options, assess how strong your case really is, and determine the best course of action. Contact Holman Schiavone, LLC right away for a free consultation.
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]]>The post 10 Rights You Have as an Employee appeared first on Holman Schiavone, LLC.
]]>Every employee is entitled to a safe working environment. This right is enforced primarily by the Occupational Safety and Health Administration (OSHA), which sets and enforces standards to prevent workplace injuries and illnesses. Employers are required to uphold these standards, which include providing proper training, equipment, and a workplace free from industry recognized hazards.
If you believe your workplace is unsafe, you have the right to file a complaint with OSHA without fear of retaliation. Moreover, employers cannot penalize or discriminate against employees who exercise their right to a safe workplace.
Missouri law mandates that employees receive fair compensation for their work. This includes compliance with minimum wage laws and overtime pay. The minimum wage in Missouri is set at $12.30 per hour as of January 2024, and this is subject to change annually.
Furthermore, non-exempt employees are entitled to overtime pay at a rate of one and a half times their regular rate for hours worked beyond 40 in a workweek. It’s important to note that not all employees are eligible for overtime pay; exemptions include certain administrative, executive, and professional employees. If you are concerned about your compensation rights, a detailed review of your employment contract can help, and an employment lawyer can assist here, too.
Both federal and state laws prohibit discrimination in the workplace. This means that an employer cannot make employment decisions based on your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information. In Missouri, additional protections may apply, such as against discrimination based on marital status or ancestry.
If you face discrimination, you have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Missouri Commission on Human Rights (MCHR). These agencies investigate complaints and can take action against employers who violate anti-discrimination laws or issue you with a “right to sue” notice.
Employees in Missouri have a right to a certain level of privacy in the workplace. This includes the privacy of their personal belongings, non-work telephone conversations, and mail. However, this right is not absolute. Employers can monitor activities and communications in the workplace to a certain extent, especially if they have a legitimate business reason to do so.
For example, an employer can and may monitor emails and internet usage that takes place on company-owned devices, and there are some employers, particularly in the financial sector, who are required by law to do due diligence to ensure employees are not engaging in illegal or unethical conduct.
It’s important to understand your employer’s privacy policies to comprehend the exact scope of your privacy rights at work. If you have any questions, talk to an employment legal expert in Jackson County, Missouri.
Eligible employees are covered under the Family and Medical Leave Act (FMLA). This federal law allows employees to take up to 12 weeks of unpaid leave per year for certain family and medical reasons without fear of losing their job. Reasons for leave include the birth and care of a newborn child, adoption, personal or family illness, or family military leave.
During FMLA leave, your job is protected, and your employer must maintain your health benefits. To be eligible, you must have worked for your employer for at least 12 months and for a minimum of 1,250 hours during the 12 months prior to the start of leave.
Under the Americans with Disabilities Act (ADA) and Missouri law, employees with disabilities are entitled to reasonable accommodations in the workplace. This means that if you have a disability, your employer is required to provide necessary adjustments or modifications to enable you to perform your job duties effectively, as long as these accommodations do not cause undue hardship to the employer.
Examples of reasonable accommodations include modifying work schedules, adjusting training materials, providing assistive technology, or making the workplace accessible. It’s essential to communicate with your employer about your needs to ensure that appropriate accommodations are made, however, and in some cases (especially with smaller employers) accommodations may not be financially feasible.
Harassment, especially when it becomes pervasive or severe enough to create a hostile work environment, is prohibited in workplaces by both federal and state laws. This includes unwelcome conduct based on race, color, religion, sex, national origin, age, disability, or genetic information. Sexual harassment, a common form of workplace harassment, involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
If you’re experiencing harassment, it’s important to report it to your employer or the appropriate authorities, if it is safe to do so. Unless you can show that safety is a real concern, you must take this step before you’ll be allowed to bring a lawsuit for harassment. If you have any questions, talk to a lawyer.
Employees have the right to engage in “protected concerted activities” under the National Labor Relations Act (NLRA). This includes the right to form, join, or assist a union; bargain collectively; and engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. You also have the right to discuss your salary with other employees and do things like hand out leaflets or circulate petitions, so long as they pertain to your working conditions.
It’s equally important to remember that employees have the right to refrain from engaging in any of these activities. It is illegal for employers to interfere with, restrain, or coerce employees in the exercise of these rights. Essentially, you have the right to discuss unionizing; you also have the right to have nothing to do with a union. The key is that it be entirely your choice either way.
Employees are protected from retaliation for exercising their rights under employment laws. This means that employers cannot punish you for filing a good-faith complaint, participating in an investigation, or asserting your rights under laws like the ADA, FMLA, EEOC, and others.
Retaliation can include demotion, reduction in salary, job or shift reassignment, or even termination. If you believe you have been retaliated against, it’s important to seek legal advice to understand your options and protect your rights.
Employers must provide employees with time off to vote on election days if their work schedules do not allow for sufficient time outside of working hours. Additionally, you are entitled to time off for jury duty without fear of losing your job.
These rights provide a framework for fair and equitable treatment in the workforce. If you find your rights being violated or have questions about what your rights are, contact us at Holman Schiavone, LLC right away for help.
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]]>The post Can I File a Workplace Discrimination Claim if I Was Discriminated Against Based on My Sexual Orientation or Gender Identity? appeared first on Holman Schiavone, LLC.
]]>The federal law in this context is the Civil Rights Act of 1964, particularly Title VII, which prohibits employment discrimination based on race, color, religion, sex, and national origin. Until fairly recently, it has been unclear whether ‘sex’ under Title VII included sexual orientation and gender identity. This changed with the landmark Supreme Court decision in Bostock v. Clayton County in 2020.
The Court held that discrimination based on sexual orientation or gender identity falls under the prohibition of discrimination “because of sex.” This interpretation means that under federal law, employers are prohibited from discriminating against employees because of their sexual orientation or gender identity.
In Missouri, the Missouri Human Rights Act (MHRA) is the primary state law that addresses discrimination. Historically, the MHRA did not explicitly include sexual orientation or gender identity as protected categories. However, the interpretation of federal law per the Bostock ruling has influenced the application of anti-discrimination laws at the state level, including in Missouri.
If you believe you have been discriminated against at work because of your sexual orientation or gender identity, you have the right to file a discrimination claim. The process generally involves the following steps:
Before initiating a formal complaint, gather evidence. This might include emails, witness statements, or any other documents that can support your claim of discrimination.
Under federal law, you are required to file a charge of discrimination with the EEOC before you can bring a lawsuit in federal court. The EEOC is responsible for enforcing federal anti-discrimination laws, and filing a charge with them is a prerequisite for further legal action. The EEOC will investigate the claim, which may involve interviewing witnesses and reviewing documents provided by you and your employer.
In addition to or instead of the EEOC, you can also file a complaint with the Missouri Commission on Human Rights (MCHR). The MCHR enforces the state’s anti-discrimination laws, and filing with the MCHR can be an alternative or a simultaneous process with the EEOC filing.
Both the EEOC and the MCHR will typically attempt to resolve discrimination claims through mediation before they escalate to litigation. This process involves a neutral mediator who helps both parties reach a voluntary, negotiated agreement.
If the matter is not resolved through mediation, and the EEOC or MCHR finds that there is reasonable cause to believe discrimination occurred, you may receive a ‘right to sue’ letter. This letter permits you to file a lawsuit in federal or state court.
Facing discrimination in the workplace can be a challenging and emotional experience, not to mention a complicated one when it comes to the legal process, so it’s important to seek support and guidance. Getting skilled legal representation from a gender discrimination attorney in the Jackson County, Missouri area is highly recommended.
Your first step should be a thorough assessment of your situation. Document every incident of discrimination, including dates, times, locations, and the names of individuals involved. This documentation is crucial in building your case. Consult quickly with a gender discrimination attorney who can provide a professional evaluation of your case and tell you the next best steps.
Once you have decided to proceed, you need to file a formal complaint with the EEOC or MCHR. This complaint should detail the instances of discrimination you have faced. Your attorney can assist in drafting this complaint to ensure it accurately represents your experience and complies with all legal requirements so nothing is rejected on a technicality.
After filing your complaint, the EEOC or MCHR will conduct an investigation. This may involve interviews, requests for additional documentation, and possibly a visit to your workplace. You and your attorney should cooperate fully with the investigation, providing any necessary information and evidence.
Both the EEOC and MCHR offer mediation programs as an alternative to a formal legal process. Mediation involves a neutral third party who helps both you and your employer reach a voluntary settlement. This can be a quicker and less adversarial process than going to court, and it’s usually worth pursuing. If you have concerns over your safety or other issues that might make mediation programs problematic, talk with your lawyer right away.
If mediation is unsuccessful, and the investigation finds reasonable cause to believe discrimination occurred, you may proceed to litigation. This involves preparing for a trial, which includes gathering evidence, interviewing witnesses, and building a legal argument. Your attorney will, of course, play an even more critical role at this point.
In court, both sides will present their case. The trial may involve witness testimony, cross-examinations, and the presentation of evidence. If you win your case, the court may award remedies such as compensation for lost wages, damages for emotional distress, and changes in workplace policies. However, if the court rules against you, you have the option to appeal the decision.
In discrimination cases, the burden of proof initially falls on you, the employee. You must demonstrate that your sexual orientation or gender identity was a motivating factor in the discriminatory action taken against you. This can be shown through direct evidence, like discriminatory remarks, or indirect evidence, such as a pattern of the employer treating LGBTQ+ employees less favorably.
It’s important to know that retaliation against an employee for filing a discrimination claim is illegal under both federal and state laws. If you experience adverse actions like demotion, salary reduction, or even termination after filing a claim, this could constitute a separate charge of retaliation, providing another layer of legal protection. If you suspect retaliation, be sure to talk to your lawyer.
Many companies have their own anti-discrimination policies that may offer additional protections beyond federal and state laws. Review your employer’s handbook or policies to understand how they address discrimination based on sexual orientation or gender identity. These policies can sometimes offer a basis for a claim, especially if the company has not adhered to its own standards.
If you face discrimination in the workplace based on your sexual orientation or gender identity in Missouri, there are legal avenues available to you, and having skilled legal representation is important to getting through this complex process effectively and seeing justice done. For expert help, contact us at Holman Schiavone, LLC
right away.
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]]>The post How Can I Prove Wrongful Termination? appeared first on Holman Schiavone, LLC.
]]>Wrongful termination occurs when an employee is fired for reasons that are illegal: but bear in mind that “illegal” is different from “unethical” or even “unfair.” Illegal reasons to fire an employee include discrimination based on race, gender, age, religion, or disability; retaliation for engaging in legally protected activities (like whistleblowing or filing a discrimination complaint); breach of contract; and violation of public policy. To know for certain, you need to talk with an attorney about the specifics of your case.
Document everything related to your termination, from the moment you find out about it or suspect it’s coming. This includes emails, performance reviews, witness statements, and any communication you’ve had with your employer. This evidence should demonstrate a pattern or incident that suggests your firing was illegal.
Getting through all the complexities of wrongful termination claims requires professional legal guidance by a lawyer with experience in and intimate knowledge of state and national law. A Missouri-based employment lawyer can help you understand the specifics of your case and whether you have a viable claim. They can then assist in gathering and presenting evidence, negotiating with your employer, and, if necessary, representing you in court.
With your attorney’s help, you’ll look at contracts and policies and then work to establish the basis of your claim, make good use of your evidence, demonstrate a link between your claim and the termination you experienced, and file a claim with the appropriate legal entity.
If you had an employment contract, reviewing its terms could be helpful in proving your case. Missouri law honors the terms of an employment contract, and if your termination violated any of these terms, that could be grounds for a wrongful termination claim. For instance, if your contract states that you can only be fired for specific reasons, and your termination doesn’t align with any of these, it could be considered a breach of contract.
Employer policies, often outlined in an employee handbook, can also play a role in wrongful termination claims. If your employer didn’t follow their own termination procedures, it might strengthen your case. However, remember that these policies do not override Missouri’s at-will employment principle unless they explicitly create a contract.
The basis of your claim could be discrimination, where you’ll need to prove that you were terminated due to your race, gender, age, religion, national origin, or disability. Evidence for this might include discriminatory comments or actions. If your case is about retaliation, you should demonstrate that your termination was a response to engaging in protected activities, like filing a harassment complaint.
In cases of breach of contract, you’ll need to show how the termination violated specific terms of your employment contract. If it’s a violation of public policy, such as being fired for filing for workers’ compensation, this also needs to be clearly demonstrated.
Gather all the evidence you’ve collected: this includes all relevant documentation like emails, text messages, employment contracts, employee handbooks, performance reviews, and any written reasons for your termination. You may also be able to get witness statements from colleagues who support your claims.
All of these together can provide insights into discriminatory practices or other relevant workplace issues. Your lawyer will show you how this evidence can be tied to the basis of your claim and compare it to how similarly situated employees were treated, as well.
Demonstrating a link between your claim and the termination is a key aspect of proving your case. For example, the timing of your termination in relation to your taking part in a protected activity or to discriminatory remarks made against you can be significant.
Highlight any inconsistencies or shifting explanations from your employer regarding the reasons for termination. Direct evidence, such as explicit statements or actions from managers that link your termination to an illegal reason, can be particularly compelling, though employers are often smart enough not to give themselves away with such direct statements.
For discrimination or retaliation claims, filing a charge with the Equal Employment Opportunity Commission (EEOC) or the Missouri Commission on Human Rights (MCHR) should be your next step. They will investigate your claim and can grant you the right to sue. Provide all the gathered evidence to support your claim when filing with these agencies: your lawyer will help you here.
Countering claims from your employer in a wrongful termination case will be a component of your legal strategy and something your lawyer will talk about with you in detail. Employers often present defenses to justify the termination, and effectively challenging these defenses can significantly strengthen your case. Rest assured that a qualified wrongful termination lawyer has “seen it all” and will know how to defend your claim.
Employers often argue that the termination was due to legitimate business reasons, such as poor performance, misconduct, restructuring, or economic necessity. They might present performance reviews, disciplinary records, or financial reports to support their stance.
The first step will be to scrutinize the credibility and consistency of your employer’s claims. This involves examining whether their stated reasons for termination were ever mentioned before your firing. For instance, if poor performance is cited as a reason, but you have a history of positive performance reviews, this discrepancy can be highlighted as evidence that the stated reason is a pretext.
Documentation can be your strongest ally at this point, whether that is emails praising your work, records of promotions or raises, or any positive feedback received. Witness testimonies from colleagues who can attest to your performance or to any inconsistencies in the employer’s treatment of you or others can also be powerful.
The timing of your termination in relation to other events is often the most important factor. If you were fired shortly after making a complaint, engaging in a protected activity, or after revealing a protected characteristic (like a disability or pregnancy), this timing can suggest retaliation or discrimination. The context of your termination should also be examined.
If your employer claims that the termination was due to a policy violation, investigate how consistently this policy has been applied. If similar violations by other employees did not lead to termination, this can indicate that the policy was being used selectively against you, possibly for unlawful reasons.
In cases where economic reasons are cited for layoffs or terminations, you and your lawyer will look deeply into the specifics. Were you the only one or among a few selected for termination? Was your position or department the only one affected? If the economic justification doesn’t seem to align with broader business decisions, this could indicate that the reason given is just a pretext.
If you suspect you’ve been wrongfully terminated, don’t wait to protect your rights. Contact the law office of Holman Schiavone, LLC right away. Call us today for a free consultation, toll-free, at (888) 493-5074.
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]]>The post What Damages Can I Recover in a Workplace Discrimination Case? appeared first on Holman Schiavone, LLC.
]]>Compensatory damages in workplace discrimination cases are designed to make the victim whole. These damages cover a variety of losses, including emotional distress, medical expenses, and lost wages. Emotional distress can include a wide range of psychological impacts, such as anxiety, humiliation, or depression experienced due to discrimination. To calculate these, the court may consider the severity and duration of the distress.
Medical expenses as part of compensatory damages can include costs incurred for counseling or therapy directly related to the discriminatory acts. These are typically proven through bills and statements from healthcare providers.
Lost wages are another significant component of compensatory damages. If discrimination resulted in unjust termination, demotion, or lost opportunities for advancement, victims can recover wages they would have earned had the discrimination not occurred. This calculation includes not only salary but also lost benefits, bonuses, and potential raises.
Punitive damages serve as a punishment to the employer and a deterrent against future discrimination. These are awarded only when it’s shown that the employer’s conduct was especially harmful or egregious. In Missouri, you’ll need to prove malice or reckless indifference to federally protected rights in order for punitive damages to be considered, which is a higher bar than simply proving the discrimination happened.
The amount awarded in punitive damages is not tied to the victim’s losses but also to the employer’s financial status because punitive damages must be significant enough to impact the employer and dissuade similar behavior in the future.
In discrimination cases, plaintiffs are often entitled to recover reasonable attorneys’ fees and legal costs if they win. This means that in addition to damages for personal losses, you can recover the costs associated with bringing the lawsuit. This can include filing fees, the cost of depositions, and other expenditures that were necessary to advance the case. Legal costs can mount quickly in complex discrimination cases, and the ability to recover these costs is an important consideration when deciding whether to pursue legal action.
Back pay refers to the wages and benefits an employee lost from the time of the discriminatory act up to the date of judgment. It includes salary, overtime, and any other form of compensation, such as stock options or retirement contributions.
Front pay may be awarded if reinstatement is not possible or practical. This is designed to compensate you for future lost earnings, and is calculated from the judgment date into the future until you can find comparable employment. Determining the amount of front pay involves considering things like your job search efforts, the availability of similar jobs, and the time it may reasonably take for you to secure a new position.
Equitable relief is a non-monetary remedy that can be awarded by the court to rectify the effects of workplace discrimination. This may include your reinstatement to a previous position if you were wrongfully terminated or demoted and want your job back. The court may also order the employer to make policy changes to prevent future discrimination. Equitable relief aims to restore the individual to the position they would have been in had the discrimination not occurred.
Under the Missouri Human Rights Act (MHRA), you can bring a case for recovery of actual damages, which include medical expenses and emotional distress, but the Act does cap the amount of punitive damages that can be awarded based on the size of the employer. Whether you sue your employer based on federal law or state law will depend on your case and the advice of your employment rights attorneys in Jackson County, Missouri.
Calculating damages for emotional distress can be quite difficult. Unlike economic damages, there’s no invoice or receipt to quantify the pain and suffering endured. Instead, the court will look at the intensity and duration of the emotional distress, the presence of physical symptoms like headaches or stomach issues, and how the discrimination has impacted your daily life. Testimony from mental health professionals, as well as from friends and family, can help establish the extent of emotional distress.
The concept of “mitigation of damages” requires that people take reasonable steps to minimize their own losses. If you were wrongly fired, for example, the court will look to see that you are engaging in a diligent job search or actively seeking medical help and following it to treat your emotional distress. If a plaintiff doesn’t mitigate their damages, the court can reduce the amount of compensation awarded. It’s not enough to merely claim losses; individuals must demonstrate that they’ve actively tried to reduce those losses to the best of their ability.
It’s important to understand the tax implications of any settlements or awards you may receive. Generally, compensatory damages for physical injuries are not taxable, but compensation for emotional distress and punitive damages are. Lost wages are also subject to taxes just as they would have been if you had earned normally. It’s important to talk with a tax professional to understand the full tax impact of discrimination case settlements or awards.
Before pursuing a lawsuit, you must file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC), which is the federal agency that enforces anti-discrimination laws. The EEOC investigates the claims and may attempt to mediate a resolution. If the EEOC finds that discrimination occurred and conciliation fails, they may sue on your behalf or issue a “right to sue” letter, which allows you to file a lawsuit in federal or state court. The EEOC’s involvement adds a level of scrutiny and pressure on employers, which can be very helpful in settlement negotiations.
Missouri also offers a state-level avenue for discrimination claims through the Missouri Commission on Human Rights (MCHR). Similar to the EEOC, the MCHR investigates discrimination complaints in the workplace. Filing a claim with the MCHR is a prerequisite for filing a discrimination lawsuit under state law. When suing under state law, the caps on damages, procedural requirements, and timelines may differ from federal claims, making it essential to have an experienced lawyer on your side to help you decide the right avenue for compensation.
In any discrimination case, you must be able to establish that discrimination occurred and that it caused the damages being claimed. This includes presenting evidence such as emails, witness testimony, or patterns of behavior by the employer that indicate discriminatory practices. The standard of proof in civil cases, “the preponderance of the evidence,” means that all you must prove is that it’s more likely than not that the discrimination occurred. This is a lower bar than “beyond a reasonable doubt,” which is the requirement in criminal cases.
If you believe you have been the victim of workplace discrimination, contact us at Holman Schiavone, LLC right now for a thorough evaluation of your case and dedicated, experienced representation in your pursuit of justice.
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]]>The post Can I File a Sexual Harassment Claim Against My Employer If the Harasser Is a Customer or Client? appeared first on Holman Schiavone, LLC.
]]>Sexual harassment as defined by federal law includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects an individual’s employment, unreasonably interferes with their work performance, or creates an intimidating, hostile, or offensive work environment.
This definition is broad and includes harassment by anyone in the workplace, including supervisors, co-workers, and customers. Under federal law, an employer can be held responsible for harassment by non-employees if they have control over the workplace and fail to take reasonable steps to prevent and promptly correct any harassing behavior.
The Missouri Human Rights Act (MHRA) extends similar protections to employees as those offered under federal law and includes prohibitions against harassment based on gender, pregnancy, childbirth, or related medical conditions. The MHRA is applicable to employers with six or more employees and casts a wider net by addressing discrimination not only in the workplace but also in housing, lending, and other areas involving the general public.
The EEOC requires employers to be responsible for preventing and responding to harassment, regardless of who the perpetrator is. An employer certainly can’t be expected to know that a particular customer might cause a problem in the way they might with an employee; but once a customer causes an issue, the employer is expected to take immediate and appropriate action.
Missouri law is also explicit in holding employers directly liable for third-party harassment when they knew or should have known about it and failed to act. Consider, for example, the case of Delise Diaz, where an employer’s lack of response to repeated customer harassment led to a successful lawsuit under the MHRA. Employers must have clear policies and reporting mechanisms to ensure that employees can report harassment safely and without fear of retaliation.
The Missouri Court of Appeals decision in Diaz v. AutoZoneers LLC reaffirmed the importance of employer vigilance. It set a precedent that when an employer is notified of harassment by a customer, they must take the same rigorous steps they would take if the harasser were an employee. The court highlighted that employers must train management properly to handle and escalate harassment complaints.
Courts assess negligence based on whether the employer had a chance to address the harassment and chose not to or failed to do so effectively. Employers must act on complaints immediately and take steps to prevent further incidents. This includes conducting thorough investigations, taking appropriate disciplinary actions against harassers, and making policy changes if necessary to protect employees.
Under federal law, employers are expected to establish and enforce anti-harassment policies and to ensure that employees are aware of the procedures for reporting harassment. They must maintain confidentiality as much as is possible and carry out a prompt, thorough, and impartial investigation into harassment claims.
The MHRA requires that Missouri employers take immediate and effective steps to address harassment, including harassment by customers. This includes reviewing all harassment reports and taking appropriate actions, which may include measures to prevent further contact between the harasser and the employee, providing support to the victim, and imposing sanctions on the harasser if doing so is within the employer’s control.
Employers are well advised to create a work environment where harassment is not tolerated. This involves training employees on what constitutes harassment and the importance of reporting it, as well as how to deal with it if the harassment comes from a customer. Employers should also regularly review their anti-harassment policies and ensure they are adequately implemented and enforced.
But employees also have a role in maintaining a harassment-free workplace. They need to promptly report any incidents of harassment they experience or witness, and employers must assure employees that retaliation for reporting harassment is prohibited and will be met with disciplinary action.
If you are considering filing a sexual harassment claim against your employer because the harasser is a customer or client, there are certain steps to take. If possible and safe, inform the harasser that their conduct is unwelcome and must stop. Document this interaction if it occurs. Do confront a harasser, however, if you have any concerns about your immediate safety. Whether you do or do not talk to the harasser directly, follow the next steps carefully:
Employers should have a complaint mechanism or grievance system. Use this system to report the harassment. Documentation is key, so keep records of all communications related to the harassment.
File a complaint with the Equal Employment Opportunity Commission (EEOC) within 300 days. The EEOC investigates allegations of sexual harassment and can determine if harassment occurred and whether the employer took appropriate action to stop it. They will look at the entire record, the circumstances, and the context in which the incidents occurred.
Under the Missouri Human Rights Act, you must file a complaint with the Missouri Commission on Human Rights (MCHR) within 180 days of the alleged discrimination. You may take a Discrimination Complaint Assessment on the MCHR website to see if they have jurisdiction over your issue. Once the assessment is complete, you’ll receive instructions on how to proceed with your complaint.
Both the EEOC and MCHR will conduct an investigation based on your complaint. They will evaluate evidence, may interview witnesses, and will review the policies of the employer and the circumstances of the reported harassment. If the EEOC or MCHR concludes there is reasonable cause to believe harassment occurred, they may issue a Notice of Right to Sue, which allows you to file a lawsuit in court.
It’s always a good idea to get qualified legal representation as soon as possible, especially if you are considering suing in court. An attorney specialized in employment law can provide advice specific to your situation, help with filing a complaint, and represent you during the process.
Should you decide to sue, the case will enter the litigation phase where both sides can present their evidence, and a judge or jury will make a decision. Remedies in successful harassment claims can include compensatory damages, punitive damages, and injunctive relief such as changes in the employer’s harassment policies or training.
During the process, it is crucial to adhere to the timelines and procedural requirements specified by both the EEOC and MCHR. Failure to follow their rules exactly may affect your ability to get the justice you deserve. Remember, the process can be complex and may require detailed legal knowledge, especially if it proceeds to litigation, so always consult with a Jackson County, Missouri sexual harassment lawyer who has experience in both federal and state harassment cases.
If you believe your employer did not properly protect you from harassment by a customer or client, reach out to Holman Schiavone, LLC now. Our experienced team can effectively provide you with the legal guidance necessary to navigate your claim, advocate on your behalf, and work towards securing the justice and resolution you deserve.
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