Overview : Employment law has been an area of rapid change and increasing complexity as the result of legislation and emerging case law. We represent both employers and employees on employment law issues. We routinely advise our clients on the following subjects:

• Race, sex and age discrimination. Both federal and Kansas law prohibit discrimination in employment based on race, color, religion, sex, national origin, and age. These laws are enforced by a state agency called the Kansas Human Rights Commission ("KHRC") and the federal Equal Employment Opportunity Commission ("EEOC"). Before a lawsuit may be filed in court, a complaint must be filed with these agencies. We have experience handling discrimination claims before these agencies and in federal court. In early 2000, Don Peterson was a speaker at a Kansas Bar Association seminar together with an attorney with the KHRC regarding the handling of claims before that agency. We have handled many discrimination cases in both state and federal courts. For example, Wager v. Guy's Foods, Inc., 256 Kan. 300, 885 P.2d 1197 (1994) (sex discrimination jury verdict for our client, the plaintiff); Brackens v. Best Cabs, Case No. 02-1392-WEB, U. S. District Court, District of Kansas (2004) (summary judgment in favor of our client, the defendant, in race discrimination suit).
• Wrongful Termination. Kansas is an "employment at will" state, meaning that, just as an employee legally may quit a job without having a good reason or providing notice, so too an employer may terminate without good cause or notice. This is just a general rule, however, and there are many exceptions. An employment contract, whether express or implied, is the most common exception. There are other less common ones too, including termination because the employee is serving on jury duty or called up to serve in the military for active duty. We help employers comply with the many rules in this area and handle litigation were needed.
• Retaliatory Discharge. This is another exception to the employment at will doctrine. Most federal and state acts that provide for employee rights contain an explicit rule prohibiting an employer from retaliating against any employee who asserts such rights or who assists another employee, by way of testimony, in asserting their rights. Even where the statutory enactment does not contain such an explicit prohibition against retaliation, courts have sometimes implied one. For example, in Kansas the Workers Compensation Act does not contain a provision against retaliation, but the Kansas Supreme Court has still prohibited employers from retaliating as a matter of public policy. Our firm has handled many retaliatory discharge cases.
• "Whistle Blower" Litigation. This is another exception to the employment at will doctrine for situations where an employee, in good faith, reports the employer's conduct about a matter of public safety to the proper authorities.
• Wage and Hour Claims/Liability for Overtime Pay. Both Kansas and federal law require a minimum wage and overtime pay under circumstances, in most types of employment, for any hours above 40 in a given work week. We advise our clients about compliance with these laws and have handled many such cases in court.
• Employee Manuals. We assist our clients in drafting employee handbooks. A poorly drafted handbook can unintentionally create an employment contract that takes the employment relationship outside of the employment at will doctrine. Poorly drafted handbooks have also been "Exhibit A" in discrimination lawsuits and other litigation. We help our clients avoid those pitfalls.
• Employment Agreements: Non-Compete and protection of trade secrets. We draft employment agreements, including covenants not to compete. We have also litigated the enforceability of such provisions. Beck v. Bleam, Kansas Court of Appeals, No. 70,971 (1995) (affirming victory for our client in which lower court held covenant unenforceable against receptionist of chiropractic office and awarding her attorney's fees for having to defend the case).
• Americans With Disabilities Act. We assist our employer-clients with compliance with the ADA. We have also assisted employees in seeking the protections they are entitled to under the ADA.
• Family and Medical Leave Act. We assist employers with compliance with the FMLA. Don Peterson has spoken at many seminars on how employers may best navigate the confusing rules of the FMLA, ADA and workers compensation laws. We have also assisted employees in seeking the protections they are entitled to under the FMLA.

Employment Litigation: We have substantial experience in litigating all of the employment law subjects listed above in both state and federal courts.

Attorneys who practice in this area: Sean M. McGivern, Donald N. Peterson II, Alan R. Pfaff, and Steven D. Gough.