Best Employment Lawyers in Olathe

FAQs

• What is the non-emergency contact number for the local police station in Olathe, Kansas?

  The non-emergency phone line of the Olathe Police Department is 913-782-0720.

• Where can I get a copy of police reports for incidents related to my case in Olathe, Kansas?

  Police report requests are made with the Olathe Police Department Records Division, 501 E. 56 Hwy., Olathe, KS 66061. The phone number is 913-971-7500.

• May an employer in Olathe sexually harass a male employee into resignation after the latter files a complaint for an unsafe working environment?

  No, an employer in Olathe may not use sexual harassment or any form of discrimination against a male employee who reports that the workplace is unsafe. Retaliation against a member of the labor force is frowned upon by the law, and there is no penalty for exercising a legal right.

• May an employer in Olathe conceal from job applicants that the hiring staff conducts background checks?

  No, an employer in Olathe may not conceal from job applicants that the hiring staff conducts background checks. There is state-level law in Kansas that applies to the metro and requires that businesses inform applicants that their criminal records from up to the past seven years will be scrutinized. For Johnson County, these have to be by request when a conditional offer for the job has been made.

• May an independent contractor in Olathe who has been exclusively serving a single client for two years and takes supplies and instructions from the company's management ask to be reclassified as an employee?

  Yes, an independent contractor in Olathe who has been exclusively serving a single client under these facts may ask for reclassification into an employee. The exclusive nature of the work means that the claimant is no longer free for hire by the general public, and the length of time surrounding this is long. The management also controls the worker and supplies materials, which are indicators of de-facto employment.

• Is there a limit to how many overtime hours a worker can render in Olathe?

  No, there are no limits to how many overtime hours a worker can render in Olathe. Unlike other states where employers can staunch the financial losses of premium salary payments by setting an upper limit to extra work hours, no such restriction applies to the state of Kansas.

• What are the protected classes under discrimination-related legislation applied in Olathe?

  The protected classes recognized by applicable legislation in Olathe include factors beyond human choice, such as race, gender, ethnicity, or sex. People with disabilities are a protected class, as are those of any age. Statutes, such as religious belief, also defend characteristics that can involve human volition.

• What does an employment attorney do?

  Employment attorneys represent workers, companies, unions, and advocacy groups. Their primary job is preventing and resolving disputes related to state and federal employment regulations as well as civil rights. They assist with the development of policies, including laws and employee handbooks, and they represent clients in court and during administrative hearings overseen by the U.S. Equal Employment Opportunity Commission and state-level labor agencies.

• How much should I ask for in a discrimination lawsuit?

  Employment-related claims are among the most complex and time-consuming lawsuits heard in the civil court system. Before workers can file a lawsuit, they must file a claim with the U.S. Equal Employment Opportunity Commission. Every year, the EEOC recovers $505 million for victims of workplace discrimination. When cases proceed to court, the average settlement is approximately $40,000. However, roughly 10% of claimants receive at least $1 million.

• How do I prove discrimination in the workplace?

  Discrimination lawsuits are typically based on an established pattern of behavior in the workplace. Employment attorneys who handle these claims generally advise clients to gather evidence and document all instances of discrimination, harassment, or abuse, as they occur. The following documents are often vital for proving workplace discrimination:

  • Personnel files
  • Payroll records
  • Employee handbooks
  • Diary or journal entries
  • Medical or mental health records
  • Reports from witnesses
  • Photos or video footage
  • Physical evidence

  
  

• Can I sue my company for a hostile work environment?

  Yes, offensive or unwelcome conduct that creates a hostile work environment and affects your terms of employment may give you reason to take legal action. However, rude or abusive behavior on its own isn’t illegal. It must also be tied to other legal issues, such as retaliation for reporting harassment or discrimination directed at members of a protected group.

• What is the EEOC?

  The EEOC is the U.S. Equal Employment Opportunity Commission. It's a federal agency tasked with helping to enforce laws concerning discrimination in the workplace. Not all employers are covered under the EEOC. Typically, you have to work for an organization with at least 15 employees or for a labor union or agency to be covered by EEOC protections.

• How do I report an abusive boss?

  If you believe you're being discriminated against, you have several options. First, follow internal reporting procedures with human resources or other leadership. You can also file a charge of discrimination with the EEOC. Talking to an employment attorney can help you understand your options and protect your interests.

• What laws protect employees from job discrimination?

  • The Civil Rights Act of 1964 provides employees with protection against discrimination based on a wide variety of factors, including national origin, sex, religion, race, and color.
  • The Age Discrimination Act of 1967 applies age to the protected class.
  • The Equal Pay Act of 1963 forbids sex-based compensation discrimination.
  • The Rehabilitation Act of 1973 makes it illegal to discriminate on the grounds of disability in terms of employment decisions.
  • The Civil Rights Act of 1991 adds more protection and power to the federal government to enforce some of these laws.

• How do I file a wrongful termination claim?

  You can file a wrongful termination claim with the EEOC online, via mail, or in person at various EEOC branch offices. You may be able to file a complaint with a state agency. To determine an appropriate plan of action and which organizations you can file with, speak to an employment lawyer.

• What is unfair treatment at work?

  Unfair treatment is not the same as unlawful treatment. There aren't laws against unfair treatment, which can include a boss who generally bullies people into action or someone who doesn't make fair decisions about time off because of nepotism or mood. Such issues may not constitute a claim for a court argument or allegation, unlike unjust judgments made on the grounds of race or age. An employment attorney can clarify if unfair treatment is also unlawful.

• What are some workers\' rights related to injury and illness?

  Employees have a variety of rights related to time off if they're injured or fall ill. For example, in workplaces covered by the Federal Medical Leave Act, workers are allowed to take up to 12 weeks off without losing their position in a company. The leave is unpaid unless PTO time can be used to cover it. Employees may also have rights to file a workers' comp claim if they're injured on the job. All of these laws cover different situations and types of employers, and an employment attorney can help you understand what rights you have.

• Can an employer force you to work?

  This is a gray area in some cases, which is why it may be a good idea to consult an employment lawyer if you have concerns about your workplace. According to the Occupational Safety and Health Administration , workers have a right to refuse to work in dangerous situations. But the burden of proof that this is, in fact, the case, can weigh heavily on the employee.