Employment

Employment Litigation

Has one of your employees sued you for wrongful discharge, retaliation or whistle blowing?

Did you report a violation of the law by a fellow employee or member of management to your company, and suffer an adverse job-related action or get fired for your trouble?

Did you complain to management about safety concerns and suffer an adverse job-related action or lose your job?

Have you been discriminated against because of your race, color, national origin, religion, gender or age?

Have you been sexually harassed? Have you been asked to perform sexual acts in return for employment benefits or to keep your job?  Is your work environment hostile because of sexual statements, jokes or conduct of your co-workers or management?

Have you taken time off under the Family Medical Leave Act to deal with your medical problems or those of your family and when you returned suffered an adverse job action in retaliation for exercising your rights?

If the answer is YES to any of these questions, you should call the law offices of Reggie C. Giffin. The law gives employees certain rights in the workplace. Mr. Giffin is experienced in helping you assert and protect these rights. He has substantial experience representing both employees and employers in employment disputes. He can help you negotiate a satisfactory resolution without the necessity of a lawsuit. If negotiation fails, he can also explore options such as mediation, arbitration, or trial. Mr. Giffin represents his clients at all stages of proceedings, including alternative dispute resolution or trial, and on appeal, if necessary. In addition to being a highly skilled trial lawyer, he is trained in both mediation and arbitration, and serves as an arbitrator for the American Arbitration Association (AAA). He also has served as a mediator or arbitrator in employment disputes.
 
He represents individuals and businesses throughout the Kansas City area in the field of employment law. He handles the following types of employment law cases:

• Wrongful firing, discharge or termination

• Both Missouri and Kansas generally follow what is known as the employment at will rule. This means that in the absence of a written employment agreement, an employer can fire you without just cause. There are some exceptions to this rule. In Missouri, an employer cannot fire you in retaliation for exercising certain of your statutory rights for refusing to break the law at the direction of your employer.  Kansas also follows this rule. Additionally, in certain circumstances Kansas also recognizes that oral assurances by your employer or an employee manual may create an implied contract that you can only be fired for just cause.

• Whistle blowing including claims under the Sarbanes-Oxley Act

• Several state and federal statutes protect employees who report safety violations or violations of the law. These so called whistle blower laws prohibit an employer from firing you in retaliation. Sarbanes-Oxley is a law passed by Congress after the accounting scandals at Enron, World Com and other corporations. It prohibits an employer from subjecting you to adverse work conditions because you have raised concerns about accounting or securities fraud. If you report wrongful or illegal conduct on the part of an employer (even internally) and are fired, punished or harassed in retaliation for the report, your employer may be liable. Claims made under Sarbanes-Oxley have a 90-day statute of limitations, so it is important for you to act quickly.

• Discrimination

• State, federal and local laws prohibit an employer from taking any adverse employment action against you- including discharge, lack of promotion and unequal pay - because of your race, color, sex, age, national origin, religion, disability or pregnancy. Many of these laws allow you to recover attorney’s fees and other expenses if you win. If you believe you have been discriminated against your should consult with Reggie C. Giffin to see if you have a case.

• The Family and Medical Leave Act (FMLA) may provide job security for a limited period when you need time off due to your own serious health condition, a family member's serious health condition, to care for a newborn, or during placement of an adopted or foster child. After you return from a FMLA leave, your employer has to give you an equivalent job and cannot take any adverse actions against you in retaliation for you exercising your FMLA rights. If the FMLA applies to your employment situation, Reggie C. Giffin can help you determine if your employer has violated the FMLA and what compensation you deserve.

• Non-competition agreements

• Can your non-competition agreement be enforced? This is an important question from both the employer’s and employee’s standpoint. These agreements are enforceable if they are intended to protect a legitimate interest of the employer, such as protecting the customer base, and have reasonable time and geographic limitations. Reggie C. Giffin has more 35 years' experience in drafting, enforcing and defending against non-competition agreements. If you are an employer with an employee violating your non-competition agreement, Reggie C. Giffin can help you. If you are an employee who has signed a non-competition agreement and are now leaving for new employment, Reggie C. Giffin can help you. Mr. Giffin's experience has taught him the many pitfalls involved in non-competition agreements. He can help you avoid disputes and save time and money by advising you on these agreements before you sign them.

 If you believe you have been wrongfully terminated, discriminated against, denied your rights under FMLA or need representation or advice regarding an employment dispute, call (816) 453-2253 for a free initial consultation. If you prefer, send an e-mail to rgiffin@kc.rr.com or complete the online form.

Reggie C. Giffin, P.C.
200 NW 47th Street
Kansas City, Missouri 64116
Telephone: (816) 453-2253
Cell: (816) 588-6596
Fax: (816) 453-2496
Email: rgiffin@kc.rr.com

Contact us about your legal matter today!