An employment law attorney from the law firm of Beam-Ward, Kruse, Wilson & Fletes, LLC can help resolve your employment issues, whether you are an employee or an employer. We have the experience and knowledge necessary to successfully litigate cases involving wrongful termination, sexual harassment, the Family and Medical Leave act, the Americans with Disabilities Act, and all federal and state employment laws in Kansas and Missouri.
If you believe that you have been sexually harassed, illegally terminated, or discriminated against because of your ethnicity, gender, religious affiliation, or age or because of some other personal characteristic, contact our office to schedule a free case review. Our attorneys can help establish whether your legal rights have been breached and seek compensation accordingly.
Labor And Employment
To prevent employers from exploiting their workers, federal and state laws govern matters such as minimum hourly wages, overtime pay, and the maximum amount of hours that can be worked at regular pay. There are also laws regulating child labor and that require benefits for full-time employees. Employers who violate any of these federal and regional laws can face considerable civil penalties. Likewise, there are also laws designed to protect the employer from infringement on its ability to operate a fair business practice, such as those establishing at-will employment and the ability to form contracts that prohibit employees from sharing proprietary information with business competitors.
Sexual Harassment
If you have been harassed or discriminated against because of your sexual orientation, had unwanted sexual advances directed towards you, or been verbally or physically abused, you are legally entitled to compensation. Sexual harassment is a form of discrimination that violates statutes outlined in Title VII of the Civil Rights Act of 1964. If you believe that you are being sexually harassed, it is important to inform the harasser and your employer of the actions taking place. Sexual harassment can occur between members of the opposite sex or between two people of the same sex. Furthermore, the individual being harassed is not the only person who can file a claim of sexual harassment; anyone who finds the behavior offensive can file suit.
Wrongful Termination
It is imperative for individuals who believe that they have been illegally terminated to contact an employment law attorney as soon as possible. Because the doctrine of at-will employment allows an employer to terminate an employee without cause as long as no other laws are violated, it can be very difficult to determine and prove that you have been wrongly terminated without an experienced and knowledgeable lawyer who can provide legal counsel. For a wrongful termination case to be successful, it must be proven that the firing was illegal – an “unfair” discharge does not automatically constitute a wrongful termination. However, if the discharge violates a specific discrimination law, for example, a wrongful termination is easier to prove. There are other reasons that a termination may be wrongful, including violations of constitutionally protected rights, explicit contracts between the employee and employer, and collective bargaining agreements between union employees and their employer. Contact our staff today if you believe that you have been wrongfully terminated to schedule a case review.
Discrimination
Employee discrimination is illegal and is regulated at the federal level by the U.S. Equal Employment Opportunity Commission. Specifically, it is illegal for an employer to single out an employee or group of employees for discrimination. This law applies to all aspects of employment, including job position assignments, promotions, benefits, use of company facilities, retirement plans, disability leave, firings or layoffs, and recruitment. The federal government mandates that employers cannot discriminate against or disfavor individuals based on age, sex, creed, national origin, ethnicity or race, religion, disability, or military service. Sex discrimination includes sexual harassment and gender stereotyping, and the prohibition against it forbids prejudice based on sexual preference, pregnancy and child birth, and marital status as well.
Americans With Disabilities Act
Enacted in 1992, the Americans with Disabilities Act prohibits private employers, state and federal agencies, unions, employment agencies, and corporations from discriminating against an individual because of a disability. The government defines a disability as a physical or mental condition that prevents an individual from partaking in one or more life activities, and defines a disabled person as an individual with a record of suffering from such a condition. However, the law also requires that the applicant must be able to perform the essential functions of the job with reasonable accommodation. If keeping the employee on will cause the employer to face undue financial hardship or suffer a reduction in the quality of its products or services, the employer can become exempt from the rule by claiming that accommodating the disabled individual is unreasonable.
Family And Medical Leave Act
The Family and Medical Leave Act is a law designed to allow individuals to take extended leaves of absence from their employers without risking termination. The law dictates that certain employers must allow qualified employees to take up to twelve weeks of unpaid leave during any twelve-month period because of family and medical concerns. These may include the birth of a child, the care of a foster child or a new adoption, the care of a loved one with a serious medical condition, or medical leave for the employee. If you believe that you have been discriminated against by your employer or have faced disciplinary action or termination for one of these reasons, you may be entitled to financial compensation. Contact our offices to discuss your case with an employment law attorney today.