Employment Law FAQs
FREQUENTLY ASKED QUESTIONS ABOUT EMPLOYMENT LAW
1. What is employment-at-will?
The employment-at-will doctrine is based on the theory that both employer and employee can end the employment relationship at any time without notice or reason. This means that your employer has the right to terminate your employment at any time, for any reason, or for no reason at all. However, you cannot be terminated for an illegal reason such as discrimination or retaliation.
2. What do I do if I feel like I’m being discriminated against because of my age, sex, race, national origin, or disability?
You might consider expressing your concerns to your employer both verbally and in writing. If nothing is done to resolve your situation, you may contact the EEOC and/or your state agency. In Missouri, contact the Missouri Commission on Human Rights. In Kansas, contact the Kansas Human Rights Commission. It is often best to speak with an attorney before making a complaint of discrimination against your employer. Please contact us if you want to discuss this type of issue.
3. How long do I have to file a charge with the Missouri Commission on Human Rights (MCHR)?
A complaint must be filed with MCHR within 180 days from the last date of discrimination. For more information regarding the MCHR please visit their FAQ’s here or contact the attorneys at Siro Smith Dickson PC.
4. If I am involved in an auto or trucking accident while I am working am I entitled to recover from both my employer and the negligent party?
Yes, you have two forms of recovery. You are entitled to a workers compensation claim since you were on the job when you were injured. Additionally, you are entitled to recover from the 3rd party, the negligent driver. However, there are offsets (money that may need to be reimbursed to your employer).
5. I was terminated unfairly. Do I have a case against my former employer?
It depends. Unfortunately, there are no laws or regulations that prevent employers from treating their employees unfairly. You can be terminated for any reason or no reason under the old “at-will” rule. There are many exceptions to this, however, please review our practice area pages to see if your situation may be illegal or contact us to evaluate your situation.
6. Are there any deadlines I must comply with to bring my case to court?
Yes. Before you are allowed to bring your case to court you often must file with the appropriate administrative agency. If you do not meet all the deadlines your case may be forever barred.
7. Does your firm agree to take on every employment case?
No, we don’t. Employment cases are very difficult to bring and win at trial. We investigate all employment cases to see what we would be able to prove and to determine whether we have a reasonable chance of winning the case in front of a jury.
8. How do you charge for attorney fees? Will I have to pay any attorney fees upfront for you to start working on my case?
We take employment cases, like sexual harassment, age, disability or race discrimination, or retaliation claims, on a contingent fee basis. This means that we do not charge any fees upfront, and you only pay a reasonable percentage of your recovery for attorneys fees when we resolve the case for you by way of settlement or trial.
9. Do you take any employment cases on an hourly basis?
Yes, on occasion. The typical cases we take by the hour are those involving consultation to review and answer questions about a severance package or employment agreement, or the negotiation or mediation of a severance agreement.
