FAQS - KANSAS CITY, KS FMLA DISCRIMINATION LAWSUIT
Family Medical Leave Act (FMLA) protects you from wrongful termination if you must take a leave of absence for yourself or your family. If your employer terminates you, or takes some other action that is discriminatory, you may need an attorney. Here are some quick answers to frequently asked questions regarding FMLA lawsuits in Kansas:
1. Can your employer fire me for any reason in Kansas? The short answer is yes. However, there are exceptions to the "at will" Kansas employment policy.
2. Must your employer offer FMLA? No. In Johnson County, Kansas (and across the nation), not all employers must offer FMLA. The size of the company, your length of employment, and the number of hours you have worked, will be used to determine eligibility.
3. What are some reasons you can take FMLA? In brief, a health condition that interferes with your ability to work, the health of your family (spouse, child or parent), birth of a child, adoption or foster care of a child, or military issues.
4. What does FLMA protect in Kansas? FMLA ensures you can: return to your prior role (or a parallel position); keep your prior pay upon return; continue benefits; and keep the same working conditions. Should your employer change any one of those things in retaliation for your absence, or some other reason, they may have violated your rights.
5. Your employer listed some other reason for termination. Now what? That happens. They may have listed some other reason (ex. attendance, insubordination, etc.) or no reason at all. You will want an attorney to help you collect the evidence you need to show a Kansas or Federal employment law has been violated.
6. Can you have more than one type of wrongful reason for termination? Yes. The classifications can sometimes co-exist or overlap. You can pursue some or all of your just causes if this happens.
7. You have been offered a severance check. Should you take it? Maybe. It is likely you have received a low-ball offer and will waive a number of legal rights (Kansas and Federal) if you sign any agreements and/or cash the check. You are best served by speaking to a Kansas City, Kansas employment law attorney first.
8. Must your employer pay you while on FMLA? Generally, FMLA is unpaid leave; however, your company may offer other compensation while on leave (ex. PTO, short-term disability, etc.). You should speak to your HR or an attorney to explore your options.
9.How much is your FMLA discrimination case worth? That depends on a number of economic and non-economic factors. Some cases are worth hundreds while others are worth millions.
You think you have been terminated wrongfully or discriminated against. Now what? Call a Kansas employment law attorney right away. These cases are difficult to prove and time sensitive. Attorney T. Morton offers free consultation and makes you top priority - (913) 602-7288.
CONTACT
7500 College Blvd., Suite 500 Overland Park, KS 66210 (by appointment only) Phone: 913.602.7288 Fax: 913.624.3311 Google Map Link
Copyright, T.Morton 2017. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing it does not constitute, an attorney-client relationship.