We represent both employers and employees on employment law issues.  This field has been subject to rapid change and increasing complexity in recent years.  We routinely advise our clients on the following subjects:  

Wage and Hour Claims/Liability for Overtime Pay.  Federal law requires a minimum hourly wage and overtime premium pay in many employment situations.  Kansas has imposed its own set of requirements as well, which apply in some cases but not others.  Our firm has handled individual and class action wage and hour cases.  For employers, we assist with compliance and defend suits by current and former employees.  We also represent employees in lawsuits to recover compensation that is owed under federal and state law.  Typical wage and hour situations include:

 

• Deductions from paychecks that do not comply with the law.
  
  
• Misclassification – federal regulations define who is “exempt” from overtime compensation. Misclassification occurs when an employer classifies a non-exempt person as exempt, and fails to pay the employee for his or her overtime.
  
  
• “Off the clock” work – when an employee is expected to work either before her shift starts, after her shift, or during an unpaid break.
  

Early intervention by an attorney can help resolve wage and hour issues.  If you are an employer and would like to discuss representation, please call Don Peterson or Sean McGivern.  If you are an employee, click here for a wage and hour intake form with more information.

Americans With Disabilities Act. The ADA prohibits certain employers from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. 2008 amendments to the ADA make it easier for an individual seeking protection under the ADA to establish that he or she has a covered disability. We assist our employer-clients with ADA compliance.  We have also assisted employees in seeking the protections they are entitled to under the ADA. 

Family and Medical Leave Act.  The FMLA provides certain employees with up to 12 weeks of unpaid, job-protected leave per year.  We assist employers with FMLA compliance. Don Peterson has spoken at many seminars on how employers may best navigate the confusing rules of the FMLA, ADA and workers compensation laws. We have also assisted employees in seeking the protections they are entitled to under the FMLA.

Race, sex and age discrimination.   Both federal and Kansas law prohibit discrimination in employment based on race, color, religion, sex, national origin, and age. These laws are enforced by a state agency called the Kansas Human Rights Commission ("KHRC") and the federal Equal Employment Opportunity Commission ("EEOC"). Before a lawsuit may be filed in court, a complaint must be filed with these agencies. We have experience handling discrimination claims before these agencies and in federal court. In early 2000, Don Peterson was a speaker at a Kansas Bar Association seminar together with an attorney with the KHRC regarding the handling of claims before that agency. We have handled many discrimination cases in both state and federal courts. For example, Wager v. Guy's Foods, Inc., 256 Kan. 300, 885 P.2d 1197 (1994) (sex discrimination jury verdict for our client, the plaintiff); Brackens v. Best Cabs, Case No. 02-1392-WEB, U. S. District Court, District of Kansas (2004) (summary judgment in favor of our client, the defendant, in race discrimination suit).

Wrongful Termination.   Kansas is an "employment at will" state, meaning that, just as an employee legally may quit a job without having a good reason or providing notice, so too an employer may terminate without good cause or notice. This is just a general rule, however, and there are many exceptions. An employment contract, whether express or implied, is the most common exception. There are other less common ones too, including termination because the employee is serving on jury duty, called up to serve in the military for active duty, or needs to miss work to deal with domestic assault or sexual violence. Kansas law  We help employers comply with the many rules in this area and handle litigation were needed.

Retaliatory Discharge.   This is another exception to the employment at will doctrine. Most federal and state acts that provide for employee rights contain an explicit rule prohibiting an employer from retaliating against any employee who asserts such rights or who assists another employee, by way of testimony, in asserting their rights. Even where the statutory enactment does not contain such an explicit prohibition against retaliation, courts have sometimes implied one. For example, in Kansas the Workers Compensation Act does not contain a provision against retaliation, but the Kansas Supreme Court has still prohibited employers from retaliating as a matter of public policy.  The federal ERISA law prohibits employers from interfering with an employee’s right to participate in an employer-sponsored group health care plan.  Our firm has handled many retaliatory discharge cases for employees and employers.

"Whistle Blower" Litigation.  This is another exception to the employment at will doctrine for situations where an employee, in good faith, reports the employer's conduct about a matter of public safety to the proper authorities.

Employee Manuals.   We assist our clients in drafting employee handbooks. A poorly drafted handbook can unintentionally create an employment contract that takes the employment relationship outside of the employment at will doctrine. Poorly drafted handbooks have also been "Exhibit A" in discrimination lawsuits and other litigation. We help our clients avoid those pitfalls.

Employment Agreements.   Non-Compete and protection of trade secrets. We draft employment agreements, including covenants not to compete. We have also litigated the enforceability of such provisions. Beck v. Bleam, Case No. 70,971 (Kan. App. 1995) (affirming victory for our client in which lower court held covenant unenforceable against receptionist of chiropractic office and awarding her attorney's fees for having to defend the case).

Unemployment Compensation.   We assist employers and employees with unemployment compensation issues, including claims for benefits and audits by the Kansas Department of Labor.  Employees in Kansas who are fired for misconduct (as defined by statute) generally are not entitled to Unemployment Benefits.  Employees who quit may be still be entitled to benefits.  We have successfully represented both employees and employers in unemployment appeal hearings.  These appeals are held before Department of Labor Administrative Law Judges.  Angela Madathil specializes in trying these appeals.

Long-Term Disability Claims.  Employees who are unable to perform their jobs due to sickness or injury may have coverage under employer-provided, long-term disability insurance plans. We help worthy employees seek the LTD benefits to which they are entitled, through confidential settlements or by encouraging the LTD carrier to pay benefits that are due through the claim and litigation process. Many LTD plans impose very short deadlines on employees who want to file claims, so you should act promptly to pursue benefits.

Attorneys who practice in this area: Donald N. Peterson II, Sean M. McGivern, Nathan R. Elliott, Alan R. Pfaff, and Steven D. Gough. 

Since 2008, Donald N. Peterson II has been recognized as a Super Lawyer in Employment Law by Super Lawyers®. This designation was given to attorneys representing the top 5% of the practicing attorneys in Missouri & Kansas.