Wrongful Termination
Wrongful Termination in Kansas or Missouri
Our careers and jobs are our lifelines. We need to work so we can pay for just about everything we need and want in our lives. This is even more important when you have a family, and they depend on you financially as much as they do emotionally. Getting terminated can be devastating and spark a downward spiral. So, for most of us who value our jobs, we try not to do anything that would be detrimental. Unless there is a contract, many states allow employers to terminate your employment without notice and for any reason. There are, however, limits, and so when an employer exceeds those restrictions, they may have wrongfully terminated your employment. Wrongful termination in Kansas or Missouri often entitles you to compensation and other remedies.
At Koc Law LLC, our employment attorney in Kansas City handles wrongful termination cases. We know the limits of employers’ right to terminate and will identify whether your employment has been wrongfully terminated. If so, we will investigate and determine the best course of action. Contact us today at 816-264-1200 to schedule a free initial consultation and learn more about why you should choose Koc Law LLC for your wrongful termination case.
What Constitutes Wrongful Termination in Kansas or Missouri?
Rules, regulations, and laws regarding wrongful termination–also referred to as wrongful dismissal or wrongful discharge–differ somewhat from state to state. However, there are some federal laws that regulate wrongful termination aside from state law.
Regardless of federal or state law, wrongful termination occurs when:
- The employer violates its own written or verbal policies or stipulations for termination; or
- The employer violates state or federal law via the termination of employment; or
- The employer creates a hostile work environment that leads to constructive termination – where the employee finds the working conditions so intolerable that they are forced to resign.
Most states are at-will employment states. At-will employment means an employer does not need to have a reason to terminate an employee’s employment, and vice versa, an employee does not need a reason to quit their job. But even in states where at-will employment is recognized, an employee can still be wrongfully terminated for either of the two reasons above-mentioned: violation of employer stipulations or violation of the law.
Examples of Wrongful Termination in Kansas or Missouri
It can be confusing to know if you were wrongfully terminated or not. Simply because it seems unfair does not mean wrongful. That said, wrongful termination can materialize in several different ways. Here are the most common that occur today.
Breach of Contract
Employment agreements are contracts that contain terms, conditions, and consideration (income, paid time off, retirement, health insurance, etc.) the employee will receive in exchange for their work. In other words, the contract spells out what is expected of the employee in return for their wages and other benefits. These contracts do not have to be written to be enforced. When an employee is wrongfully terminated, that termination may be considered a breach of contract.
Public Policy Violations
Employment agreements are contracts that contain terms, conditions, and consideration (income, paid time off, retirement, health insurance, etc.) the employee will receive in exchange for their work. In other words, the contract spells out what is expected of the employee in return for their wages and other benefits. These contracts do not have to be written to be enforced. When an employee is wrongfully terminated, that termination may be considered a breach of contract.
Discrimination
Employment agreements are contracts that contain terms, conditions, and consideration (income, paid time off, retirement, health insurance, etc.) the employee will receive in exchange for their work. In other words, the contract spells out what is expected of the employee in return for their wages and other benefits. These contracts do not have to be written to be enforced. When an employee is wrongfully terminated, that termination may be considered a breach of contract.
Whistleblowing
Employment agreements are contracts that contain terms, conditions, and consideration (income, paid time off, retirement, health insurance, etc.) the employee will receive in exchange for their work. In other words, the contract spells out what is expected of the employee in return for their wages and other benefits. These contracts do not have to be written to be enforced. When an employee is wrongfully terminated, that termination may be considered a breach of contract.
FMLA Violations
Employment agreements are contracts that contain terms, conditions, and consideration (income, paid time off, retirement, health insurance, etc.) the employee will receive in exchange for their work. In other words, the contract spells out what is expected of the employee in return for their wages and other benefits. These contracts do not have to be written to be enforced. When an employee is wrongfully terminated, that termination may be considered a breach of contract.
What Should Employers in Kansas or Missouri Do to Prevent Wrongful Termination?
Employers should be proactive to prevent their company or business from engaging in wrongful termination. The consequences of a successful wrongful termination claim can be dire for the company. So, by being proactive, a business can prevent future litigation, fines, and penalties.
Clarity
Employers should always be clear regarding what is expected of an employee. When an employee fails to follow through with clearly laid-out expectations, and the employer keeps track of this failure, it goes a long way to protect the employer from charges of wrongful termination should they terminate the employee.
Clarity
Employers should always be clear regarding what is expected of an employee. When an employee fails to follow through with clearly laid-out expectations, and the employer keeps track of this failure, it goes a long way to protect the employer from charges of wrongful termination should they terminate the employee.
Clarity
Employers should always be clear regarding what is expected of an employee. When an employee fails to follow through with clearly laid-out expectations, and the employer keeps track of this failure, it goes a long way to protect the employer from charges of wrongful termination should they terminate the employee.
Clarity
Employers should always be clear regarding what is expected of an employee. When an employee fails to follow through with clearly laid-out expectations, and the employer keeps track of this failure, it goes a long way to protect the employer from charges of wrongful termination should they terminate the employee.
What Should Employees in Kansas or Missouri Do if Wrongfully Terminated?
Employees who believe they have been wrongfully terminated should take immediate action. Time is of the essence because in these types of cases, you usually have to file an administrative complaint first before a lawsuit, and the former process is very different than the latter process. Plus, the window to file an administrative complaint is a lot smaller than it is to file a lawsuit. Here are a few things you should do if you believe you have been wrongfully discharged from employment in Kansas or Missouri.
Be cautious
Employees who have been wrongfully terminated should be careful how they conduct themselves. A former employee should follow through with any requests of the employer to return company property or to leave the premises. Do not retaliate in any way by, for example, damaging company property – it will only reflect poorly on you and harm your chances of a fair and just remedy.
Get clarification
Employees who have been wrongfully terminated should be careful how they conduct themselves. A former employee should follow through with any requests of the employer to return company property or to leave the premises. Do not retaliate in any way by, for example, damaging company property – it will only reflect poorly on you and harm your chances of a fair and just remedy.
Document everything
Employees who have been wrongfully terminated should be careful how they conduct themselves. A former employee should follow through with any requests of the employer to return company property or to leave the premises. Do not retaliate in any way by, for example, damaging company property – it will only reflect poorly on you and harm your chances of a fair and just remedy.
Review everything
Employees who have been wrongfully terminated should be careful how they conduct themselves. A former employee should follow through with any requests of the employer to return company property or to leave the premises. Do not retaliate in any way by, for example, damaging company property – it will only reflect poorly on you and harm your chances of a fair and just remedy.
Hire an employment law attorney
Employees who have been wrongfully terminated should be careful how they conduct themselves. A former employee should follow through with any requests of the employer to return company property or to leave the premises. Do not retaliate in any way by, for example, damaging company property – it will only reflect poorly on you and harm your chances of a fair and just remedy.
Remedies for Wrongful Termination
There are quite a few possible remedies available to a person who has been wrongfully discharged in Kansas or Missouri. Remedies will be dependent in part on whether you filed a complaint through federal or state agencies or through the court system. Here is an overview of the most common remedies.
Lost wages
From the time you were terminated to the time trial begins, you can seek compensation for lost wages. If you find a job during that time, compensation for lost wages will be reduced accordingly.
Injunctive relief
The court can order the employer to undertake certain acts, like reinstating you as an employee in your former position or requiring policy and procedure changes to prevent wrongful terminations in the future.
Out-of-pocket expenses
Out-of-pocket expenses include costs associated with things like medical care (e.g., therapy for harassment) or job search (e.g., fees associated with a headhunter).
Lost benefits
If you lost benefits – like paid time off, bonuses, retirement, and more – it can be compensated through economic damages.
Pain and Suffering
This type of compensation is known as non-economic and could include anything from mental anguish to a decrease in quality of life as a negative effect of the termination.
Lost future earnings
If you cannot find a position or one that pays you comparably, you can seek compensation for this loss of future earnings.
Attorneys' fees and costs
You can request reimbursement for attorneys' fees and court costs, and if you win, the court can order the employer to pay these costs.
Punitive damages
Punitive damages are designed to punish egregious or malicious behavior and to prevent the same from happening again. Not all states allow it, and most states cap the amount to be awarded. Speak to our employment lawyer at Koc Law LLC to know if you might be able to sue for punitive damages under your particular circumstances.
Koc Law LLC Is Here for You
At Koc Law LLC, we focus on Retaliation, Medical and Family Leave, Wage Law, and Disability Discrimination and we are here to listen to you and help you navigate the legal system.
