//--> Overland Park Employment Lawyer and Wrongful Discharge Claims
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Do you have a wrongful discharge claim?

Kansas employment law is grounded in the doctrine of employment-at-will. What this means that absent an express or implied contract of duration, an employer is generally free to discharge an employee for good cause, for bad cause, or for no cause at all, so long as the reason for discharge is not prohibited by law. While this remains the law in the state of Kansas today, Kansas courts have nevertheless recognized an exception to this doctrine known as the tort of retaliatory discharge (also known as the tort of wrongful discharge).

This common-law doctrine makes it unlawful for an employer to alter the terms or conditions of an employee's employment merely for exercising their legal rights or engaging in the good faith reporting of a co-worker's or employer's wrongdoing. Most claims for retaliation or wrongful discharge involve instances of termination or a reduction in pay after an employee reports a violation of a rule and/or law by an employer or co-employee, or after an employee exercises a legal right such as filing a claim for worke''s compensation or seeking FMLA benefits. Generally speaking, a cause of action for wrongful discharge accrues when the plaintiff knows or is certain about the termination or other retaliatory conduct.

If you believe your employer has engaged in unlawful retaliation or you have been wrongfully discharged in violation of public policy, please contact the attorneys of Copley, Roth & Davies for a free initial consultation.

Have you lost your career due to retaliation?

As an employee, you absolutely have the right to oppose unlawful discriminatory actions of your employer. You also have the right to participate in an investigation, hearing, or proceeding in such an action. You are protected. This is set forth explicitly in Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act, and the Missouri Human Rights Act. If you bring an action or participate in somebody else's action under any of the above-mentioned statutes, and your employer retaliates against you by taking some sort of adverse employment action, you have a claim for retaliation.

It is not necessary to show that the original action taken by the employer was actually unlawful. The individual needs to show only that he/she had a good faith, reasonable belief that the practice was unlawful. Even though it is not necessary that the underlying activity was not necessarily unlawful, the manner by which the individual opposes the purported unlawful practice is important because the anti-retaliation statutes may not protect employees if the complaining employee violates the employer's rules or disrupts the workplace. Many times, lawsuits involving discrimination also include claims for retaliation. Unfortunately, the employer, once becoming aware of a complaint being filed against it, takes action that only makes things tougher for the employee, and ultimately tougher for the employer.

If an employer is retaliating against you for bringing unlawful acts to its attention, or for participating in somebody else's claim, don't put up with it. Call Patrick Copley of Copley Roth & Davies, LLC. for a free consultation.

Do you need experienced and proven legal representation?

The law is a complicated and often overwhelming amount of information. When you have a legal problem you need an attorney that has narrowed their fields of practice to the area of law in which your problem lies. You need an attorney that has refined their practice to a specific few areas of the law. You need an attorney that focuses on problems just like yours and can zealously and expertly represent your interest. At Copley Roth and Davies LLC we believe these things to be true and we have built our practice to fit your needs. The attorneys at Copley Roth and Davies LLC assist individuals, families, and businesses throughout the Kansas City metropolitan area with a wide range of legal services.