Practice Areas

Most workers, including independent contractors, are protected by various statutes from abusive, harassing, or discriminatory treatment by employers. Other statutes, such as the Family and Medical Leave Act, protect more specific rights. The common law, which is non-statutory law, also provides some protections to employees such as breach of contract.

Employees of governmental agencies are often entitled to protections that go beyond what the common law provides through, for example, civil service statutes and regulations.

Some employment law claims that proceed to court action are subject to an arbitration agreement that moves the case from a court to an arbitrator.

Also, some cases that are in court, in arbitration or before a governmental administrative agency are settled by a process called mediation.

Clients with common claims include:

• Whistleblowing
• Overtime
• Non-payment of Wages or Commissions
• Workers Compensation Retaliation
• Family and Medical Leave Act
• Public Policy Retaliation
• Age Discrimination
• Sex Discrimination
• Equal Pay Act
• Pregnancy Discrimination
• Disability Discrimination
• Religious Discrimination
• Race Discrimination
• National Origin Discrimination
• Military Service Discrimination

Broadly speaking, civil rights claims include those that provide protection because of a part of the United States Constitution or a state or federal statute.

Examples include the right of free speech, the right to exercise one’s religion and the right of free assembly under the First Amendment. Under the Fourth Amendment individuals have a right to be free from excessive force and unlawful searches by law enforcement officers. The Fifth Amendment provides rights against a governmental taking of property. The Fourteenth Amendment extends protection of Due Process rights to some individuals.

Clients with common claims include:

• First Amendment – Speech
• First Amendment – Religion
• Religious Freedom Restoration Act
• First Amendment Right of Free Speech – Non-employment
• First Amendment Right of Free Exercise of Religion – Non-employment
• First Amendment Right of Assembly – Non-employment
• Fourth Amendment – False Arrest
• Fourth Amendment – Excessive Force
• Fourteenth Amendment – Due Process
• Fourteenth Amendment – Reputational Damage
• Fourteenth Amendment – Equal Protection

This area of law is mostly confined to employees who are covered by a collective bargaining agreement, which is most often achieved through a duly authorized labor union. Individuals and their union might have claims that fall within the jurisdiction of the National Labor Relations Board.

Clients with common claims include:

• National Labor Relations Act
• Union Activity – Retaliation

Various state and federal statutes grant consumers rights against businesses that commit fraud or deception, charge excessive fees or unlawfully damage a person’s credit rating.

Clients with common claims include:

• Kansas Consumer Protection Act
• Missouri Merchandising Protection Act
• Fair Credit Reporting Act
• Telephone Consumer Protection Act