Thornberry Brown, LLCKansas City Employment Law Lawyers | Missouri Employment Discrimination Attorney | Jackson County Sexual Harassment Lawyer2024-03-04T20:23:50Zhttps://www.thornberrybrown.com/feed/atom/WordPressOn Behalf of Thornberry Brown, LLChttps://www.thornberrybrown.com/?p=473482024-03-04T20:23:50Z2024-03-04T20:23:50ZLegal violations can lead to wrongful terminations
While companies can technically fire workers for a single behavioral incident or poor performance, there are statutes that restrict terminations in certain scenarios. Specifically, companies cannot discriminate when deciding who to keep on staff. They also cannot retaliate against workers who have made use of legal workplace rights.
Discrimination comes in many forms. Missouri state law and federal statutes prohibit employers from considering someone's medical condition, their religion or their sex when deciding who to hire or fire. The law also prohibits discrimination based on race, genetic information, age if someone is over 40 and national origin.
If employers specifically referenced a protected characteristic when explaining the decision to terminate a worker, then an employee may have reason to believe that the firing was discriminatory and therefore wrongful. If someone loses their job as part of a mass staffing reduction, the disproportionate inclusion of one group of workers in the pool of people terminated could be an indicator of discrimination.
Wrongful terminations related to retaliation are a bit different. Retaliatory firings take place after a worker engages in certain legally protected behaviors. Workers have a right to unionize with one another and to share necessary information when organizing. Companies cannot prohibit workers from sharing information about their wages or punish them for communicating with union representatives.
Workers also have protection if they must report sexual harassment, discriminatory conduct or workplace safety violations. If someone loses their job immediately after notifying their employer or regulatory authorities about workplace infractions, then the termination could be wrongful according to current Missouri statutes.
Workers can sometimes ask the courts to reinstate them to a position after a wrongful termination. They could also sometimes request financial compensation for the economic consequences of their sudden job loss. Understanding what could constitute a wrongful termination under Missouri law may help people make use of their employment rights and stand up to business misconduct.]]>On Behalf of Thornberry Brown, LLChttps://www.thornberrybrown.com/?p=473472024-01-04T15:34:15Z2024-01-04T15:34:15ZCompensatory and punitive damages
Victims of discrimination may also seek financial compensation, including attorney's fees, expert witness fees and court costs. Compensatory and punitive damages play a crucial role in addressing intentional discrimination based on various factors such as race, color, national origin and other protected characteristics.
Compensatory damages cover out-of-pocket expenses resulting from discrimination, such as job search costs or medical expenses. Moreover, they aim to compensate for the emotional harm endured by the victim. This may include mental anguish and inconvenience.
Punitive damages may be awarded in cases of particularly malicious or reckless discrimination. These damages serve to punish the employer for their discriminatory actions. This acts as a deterrent for future offenses.
Ceasing discriminatory practices
Apart from compensating victims, employers are obligated to halt discriminatory practices and implement preventive measures for the future. This dual approach helps ensure not only the well-being of the victim but also serves as a deterrent against recurring discrimination within an offending organization.
Limits on damages
It's important to note that there are limits on compensatory and punitive damages, varying based on a company's size. These limits are structured to help ensure a fair and balanced approach to compensation.
Additionally, victims may not recover compensatory or punitive damages in specific cases involving intentional age or sex-based wage discrimination. However, they may be entitled to "liquidated damages." These damages are awarded to punish especially malicious or reckless acts of discrimination, and the amount equals the back pay awarded to the victim.
In the fight against employment discrimination, understanding the available remedies allows victims to make informed decisions about pursuing legal action.]]>On Behalf of Thornberry Brown, LLChttps://www.thornberrybrown.com/?p=473462023-12-28T15:07:39Z2023-11-07T13:15:57ZThe FMLA only applies to certain employees
Not every employee in the United States automatically has protection under the FMLA. The company that they work for needs to be large enough for the law to apply, and their work history also needs to be substantial. Generally speaking, companies need to have at least 50 workers for the FMLA to apply. The worker also needs to have worked for the company for at least one year and a total of 1,250 or more hours.
The FMLA applies in specific situations
Not every scenario automatically entitles a worker to FMLA leave. As the name implies, a worker must have a qualifying medical or family situation to take time off under the FMLA. The situations that may warrant FMLA leave include:
a personal medical issue
the birth of a child
an adoption
foster placement
a need to provide medical support for a spouse, parent or child
The protections of the FMLA allow a worker with a qualifying employment arrangement and a qualifying personal situation to take up to 12 weeks of unpaid leave from their job without retaliation. If they take leave to provide care for a loved one, they may qualify for up to 26 weeks of unpaid leave if that individual is a active-duty military servicemember.
Employers generally need to allow workers to take that time off and then allow them to return to the same position they held before or a comparable one. Employers should not penalize or retaliate against workers who make use of their FMLA leave rights. Generally, employees do need to provide documentation that shows their circumstances meet the standard established under federal law.
Violations of the FMLA can leave workers unemployed and struggling financially. Understanding the law is the first step toward making use of one's basic employment rights.]]>On Behalf of Thornberry Brown, LLChttps://www.thornberrybrown.com/?p=473452023-12-28T15:08:10Z2023-09-04T23:52:00ZWhat is the Pregnant Workers Fairness Act?
The Pregnant Workers Fairness Act (PWFA) is a new statute that ensures those expecting a child can count on reasonable accommodations from their employers. Working from home, changing their job responsibilities or having assisted technology are all possible examples of reasonable accommodations that employers can provide to pregnant workers to keep them working during their pregnancy.
When does the PWFA apply?
Not every employee working in the United States will benefit from the new protections of the PWFA. They will typically need to work for a company that has at least 15 employees. Additionally, the business will need to be able to accommodate them without experiencing undue hardship that could have financial or major operational consequences for the business.
Finally, women will typically need medical documentation from a licensed physician to validate the necessity of those accommodations. Provided that a woman works for a business that qualifies and needs certain accommodations to stay on the job before delivery, she should be able to count on her employer's support instead of retaliation and discrimination.
Understanding the laws that protect women during their pregnancies can be of the utmost importance for those who want to keep their jobs and stand up for their rights in the workplace. Seeking legal guidance is a good way to gain this kind of clarity.]]>On Behalf of Thornberry Brown, LLChttps://www.thornberrybrown.com/?p=473442023-12-28T15:09:14Z2023-06-26T23:56:12ZWhat does the affected worker claim happened?
According to the paperwork filed with the courts, a worker experienced retaliation shortly after speaking up about what she perceived as discrimination. After more than 12 years with the company and a history of promotions, the worker's supervisor asked her to accept a demotion. She filed internal paperwork to report discrimination three days later. Shortly thereafter, her supervisor complained about her job performance, and then the company fired her. When the case originally went to court, a jury awarded her $1.16 million in compensatory damages and a shocking $365 million in punitive damages.
FedEx asked the courts to throw out the verdict or reduce the damages awarded, claiming that the worker did not prove her allegations and also that the punitive damages should not have exceeded the compensatory damages awarded to the plaintiff. However, a federal judge declined their request, leaving FedEx only with the option of appealing. The outcome of that appeal will obviously have a major impact on the life of the employee in this case and also on future discrimination and retaliation lawsuits.
Having the courage to speak up when a supervisor does something wrong should not lead to career consequences for workers who have already been negatively – and unlawfully – affected by someone's misconduct. Thankfully, fighting back against retaliation can lead both to compensation and a change in company practices.]]>On Behalf of Thornberry Brown, LLChttps://www.thornberrybrown.com/?p=473432023-05-07T09:50:01Z2023-05-07T09:50:01ZPay transparency has begun building momentum
Many workers view having access to information about the salary range for a position as key to not only their own professional success but also wide-scale pushback against pay inequity. As such, some jurisdictions in the United States have begun adopting laws that require pay transparency.
In late 2022, New York City implemented a law requiring that employers provide a "good faith salary range" for job listings. There are similar laws elsewhere that have put pressure on employers to disclose what they pay for different positions. In California, any company with 15 or more workers must publish a salary range or pay scale with job listings. Washington requires that all employers include pay range in job postings, and Colorado also has a pay transparency law on the books.
Colorado's law, on the book since 2021, was definitely a starting point for this new trend. Companies operating in areas with pay transparency rules or offering remote work may disclose more financial information about positions to comply with laws and attract the best talent possible.
How pay transparency helps workers in Missouri
The law has yet to change in the state, but local workers may benefit from changing corporate practices. Obviously, knowing the salary range for a position helps people target their job search efforts more effectively.
Additionally, they will be in a better position to negotiate with recruiters or human resource professionals during the onboarding process. When someone knows the range of pay for a position at a company, they can leverage their own credentials to secure the best offer possible. It will also become easier for workers to identify when their company has not employed appropriate pay practices or may have engaged in wage discrimination those who know their rights and have an understanding of current company practices are in a better position to advocate for themselves.
Seeking legal guidance and filing a wage claim can sometimes be an appropriate response to discovering that a company pays workers less because of factors like their race or sex.]]>On Behalf of Thornberry Brown, LLChttps://www.thornberrybrown.com/?p=473422023-01-18T19:19:10Z2023-01-18T19:19:10ZAlarming data confirming bad behavior
A recent study reveals that eight out of 10 adults were victims of cyberbullying in the workplace over the past six months. Up to 20 percent have suffered this sinister form of harassment over the past week. For many workers, the continuing bad behavior has been linked to emotional problems and reduced job satisfaction, work performance, and overall physical and mental health.
Understanding the specific tactics cyberbullies use can help identify and put a stop to online harassment at work. Cyberbullying, whether in or outside the office, can take many forms and include:
Unwanted and overt sexual harassment and advances
Posting negative/harmful content about a co-worker
Social media posts disparaging the fellow employee
Making outright offensive and threatening email communications
Sharing personal information, also known as doxing
Using a victim’s image and photos to impersonate or create a false identity or fake profile
False accusations of unethical or illegal behavior and other types of lies and gossip
Encouraging self-harm and, in some cases, suicide
Options for victims
For victims, the best strategy is not to respond immediately out of hurt and anger. Processing the incident is essential prior to taking any action. Speaking directly to the individual is helpful, particularly if they fail to realize the harm they’ve done.
Persistent bullying requires a report to a manager or union representative. Having tangible evidence of the attacks is important. From there, block the individual from a phone and social networking sites. If law enforcement involvement is the only other option, take that step sooner rather than later.
No one deserves continuing harassment and threats while at work. Instead of suffering in silence, take the action necessary to secure justice and resume peace of mind.]]>On Behalf of Thornberry Brown, LLChttps://www.thornberrybrown.com/?p=473402022-11-14T21:07:47Z2022-11-14T21:07:47ZDiscriminating nearly 1,900 prospective employees
Although Cerner denied the government’s allegations and does not admit to any liability, it plans to pay $1.86 million in back pay and interest to nearly 1,900 people who sought work at the company in roles ranging from billing account specialists and systems engineers to software interns and technical solution analysts.
The allegations stem from Cerner’s discrimination of Black and Asian job applicants from July 2015 to June 2019 at five of its facilities in Missouri and Kansas. The racial discrimination primarily occurred at two locations in Kansas City, Missouri, and a third in Kansas City, Kansas.
Agrees to monitor its hiring practices
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs contended that Cerner violated an executive order that prohibits federal contractors from workplace discrimination based on factors that include race, gender, religion, sexual orientation and national origin.
Cerner has federal contracts with the Centers for Disease Control and Prevention, and the U.S. Department of Veteran Affairs.
As part of the government’s investigation, Cerner also agree to have its hiring practices monitored and that those practices remain free of discrimination.
Act and seek resolution
Has a prospective employer passed you over simply because of your skin color or any other reason? Any worker subjected to discrimination should take action. Document every incident, report it to human resources and a trusted supervisor, and seek legal assistance.]]>On Behalf of Thornberry Brown, LLChttps://www.thornberrybrown.com/?p=471662023-12-28T15:20:22Z2022-09-19T21:07:45Zsettlement made in August between the Jefferson City School District and its former instructional technology coordinator, the district agreed to pay Tammy Ferry nearly $1.3 million. Ferry had filed a civil lawsuit in 2017 alleging sexual discrimination, retaliation and a hostile work environment. Defendants in the case included the district, Ferry’s former supervisor and the district’s former superintendent.
Filed separate lawsuit after firing
Ferry remained employed at the district for the two years after filing the initial lawsuit. She had served in her role for 11 years until her 2019 firing. Upon her termination, she filed a second lawsuit, alleging retaliation.
The district had fired her, citing that Ferry violated privacy laws when she transferred work files to a personal account. Ferry said she had done so to support her discrimination suit against the district. The Missouri Supreme Court in January upheld Ferry’s firing.
As part of the settlement, the district will pay Ferry $30,000 for “economic damages” and $155,000 for “non-economic” damages. In addition, the district agreed to pay $500,000 to an insurance company to fund monthly payments of nearly $6,400 to Ferry for seven years.
Stand up for yourself
If you face any type of workplace discrimination related to gender, race, religion, disability and age, stand up and fight against your employer’s illegal behavior. Secure the insight of an experienced legal advocate.]]>On Behalf of Thornberry Brown, LLChttps://www.thornberrybrown.com/?p=471592022-08-18T16:04:41Z2022-08-18T16:04:41Zworkplace discrimination claims and enforces laws like the Civil Rights Act of 1964.
You can file a claim in one of two ways: online or in person at your local EEOC office. There is an office in the Kansas City area where you can make an appointment, or you can begin the process through the EEOC website. In your initial interview with an EEOC staff member, you will discuss your case and whether filing a charge is the best way to proceed. If you file, you can do so at the office, which will investigate. Or you can file by mail if you prefer.
Getting ready for the EEOC
The stronger the case you present in your charges, the more likely it will be that the EEOC will side with you. An employment law attorney can help you gather evidence and prepare for your interview so that you present the strongest possible case that a current, former or prospective employer discriminated against you because of your race. They will also make sure you have taken the required steps, such as filing a complaint with your company's HR department, before approaching the EEOC.
Time is limited
Time is another factor to consider. In general, you have 180 days from the date the discrimination occurred to file a charge. But that extends to 300 days if a state or local agency is enforcing a state or local law based on the same facts. Your attorney will advise you of how much time you have to file and when to proceed.]]>