Employment law encompasses a wide ranged area of law. We have significant experience in representing both employers and employees on all types of employment law issues. We provide assistance to our clients from advising to litigating disputes, on the employer side or the employee side. We have experience defending and prosecuting claims in state and federal court, as well as within administrative agencies. We provide assists in the following areas:
Aviation Safety – The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21) provides extensive protection to employees in the aircraft industry for reporting air safety violations. This protection extends to employees who work for aircarriers, contractors of aircarriers, and subcontractors of aircarriers. Employees of an airline company, a manufacturer of aircraft parts, or a company that does maintenance on aircrafts, are covered under this act. The protection is extensive to employees and can sometimes be hard to navigate for employers. If you feel that you are being retaliated for reporting an air safety concern or assisting in an investigation of an air safety violation, call our firm for a consultation. In the same vein, if you are being sued for terminating or otherwise taking adverse action against an employee for reporting air safety violation, call our firm for a consultation. Please note that there is a short statute of limitation for filing these complaint (90 days), so please do not delay in finding an attorney.
Railroad Safety – As with AIR21, employees of railroad carriers, contractors of railroad carriers, and subcontractors of railroad carriers are protected in reporting issues relating to railroad safety, security, or gross fraud, waste, or abuse of Federal grants or other public funds intended to be used for railroad safety or security.
Trucking Safety – Federal law also protects employees for reporting certain violations of commercial motor vehicle safety, which include refusing to drive when the employee reasonably believes his or her operation of the vehicle violations a regulation, standard, or order of the United States related to safety, health, or security.
Motor Vehicle Dealers and Manufacturers – Employees of a motor vehicle manufacturer, part supplier, or dealership are protected in their reports related to any motor vehicle defect, noncompliance, or a violation of any notification or reporting requirement under federal law.
Fraud on the United States Government – Federal law protects employees in their report of certain types of fraud on the United States Government. If you are a contractor of the United State Government, or an employee of a contractor, and a dispute arises regarding a report of fraud on the United State Government, our firm can assist.
Reports of Federal Banking Laws – Federal law protects employees for reporting certain violation of federal banking laws.
Publicly Traded Companies – The Sarbanes-Oxley Act protects employees of publicly traded companies in their report of fraud against shareholders. As with AIR21, this statute provides extensive protection to employees who believe they have been retaliated for reporting certain types of fraud.
EEOC or Workers Compensation Retaliation – Employers are prohibited from retaliating against employees for filing an EEOC complaint or Workers Compensation claim. We provide assistance to employers in navigating these laws, as well as to employees who believe they have been retaliated against.
Reports of Elder Abuse – Kansas law protects employees in their report of certain types of elder abuse. This does not only include employees of elder care homes but could include employees of multiple industries including call centers. The laws can be complex, and we can provide assistance to both employers and employees in such matters.
Violation of Health Care Providers – Another Kansas statute, the Kansas Risk Management Act (KRMA) provides a private cause of action for those who are fired or discriminated against for making a protected report of an act by a health care provider which: (1) is or may be below the applicable standard of care and has a reasonable probability of causing injury to a patient; or (2) may be grounds for disciplinary action by the appropriate licensing agency. We can assist both health care providers who have been alleged to have retaliated against an employee for reporting a violation, and employees who believe they have been retaliated against.
ADA, FMLA, and Rehabilitation Act
The ADA generally protects employees or prospective employees from being discriminated against because of actual or perceived disabilities. We assist our employer-clients with ADA compliance and in defense against lawsuits under the ADA. We have also assisted employees in seeking the protections they are entitled to under the ADA.
The FMLA provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. We assist employers with FMLA compliance and in defense against lawsuits under the FMLA. We also assist employees who believe they have been retaliated for protected FMLA activity.
The Rehabilitation Act applies to federal government employers and employees. Similar to the ADA, it protects employees or prospective employees from being discriminated against on the basis of disability. We assist employees who believe they have been discriminated against on the basis of disability at the hands of a government employer.
Although Kansas is an at-will employment state, sometimes employees are protected from being terminated if the employer has provided the employee with a term of employment. An employer can also be bound by certain protections they have given in an employee manual or employment agreement to their employees before termination can occur. We assist employees in ensuring they receive the benefit of their bargain.
We also assist employers in drafting employment agreements, employee handbooks, and in maintaining compliance when terminating an employee. If an employee has initiated a lawsuit alleging a violation of their employment agreement, we can also defend employers.
Race, Sex, and Age Discrimination
Both federal and Kansas law prohibits discrimination in employment based on race, color, religion, sex, national origin, and age. We can assist employers in navigating discrimination laws and ensuring compliance, as well as in defense of cases brought by employees alleging violations of a discrimination law. We also assist employees in administrative claims, as well as lawsuits brought in federal court.
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