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| Michael M. Shultz With offices in Johnson and Douglas Counties to better serve Kansas employees |
| Frequently Asked Questions About Labor and Employment Law |
Here we will try to answer some of the most common
questions about labor and employment law. If you have a
question that is not on the list, or if you just need more
information than is provided, please email us. We answer all
emails that we receive.
1. How do I file a charge of discrimination? The charge of
discrimination is filed either with the Equal Employment
Opportunity Commission or with the Kansas Human Rights
Commission. You will need to contact either agency and tell
them that you want file a charge. They will follow up with you.
You can do this on your own, or you have an attorney help. Of
course, we think it is best to use an attorney in this process.
Click on this link to learn more about the EEOC. Click here to
learn more about the KHRC. Click here for the charge of
discrimination that the KHRC uses.
2. Can I sue my employer for violating my employment rights?
The answer is yes if you first file a charge of discrimination with
either the EEOC or the KHRC. With only a few exceptions, like
race discrimination, a charge of discrimination must be filed
with the EEOC or KHRC before you can go to court.
3. How long do I have to complain or file a charge of
discrimination against my employer? If you file with the EEOC,
you have 300 days from the time that the discrimination
occurred. If you file with the KHRC, you have 6 months to file
from when the discrimination occurred.
4. Is there a time limit for filing a charge of discrimination? See
the answer above.
5. Can I sue my boss for discriminating or harassing me? For
the most part, the answer is probably not. The employment
laws allow you to sue your employer, not your boss.
6. Well then, can I file a charge or sue my coworkers for
harassing me? Again, the answer is probably not. Under
federal and state discrimination laws, you have to file suit
against your employer.
7. What damages or compensation do I get if I win a
discrimination case? This all depends on the facts of your
case. All discrimination laws allow you to collect for any
economic loss you suffer. Other laws compensate you for
emotional distress, embarrassment and humiliation. The Age
Discrimination law only allows economic damage and the same
is true for the Family Medical Leave Act (FMLA).
8. How do I get my boss to pay me the money he owes me?
You can file a complaint with either the federal Department of
Labor or with the Kansas Department of Labor. We believe that
the better option is to hire a Kansas lawyer who can help you
get paid. The lawyer can help you collect wages that your
employer owes you, including overtime pay that you might be
due.
9. What laws will help me get paid when I am owed money?
The Kansas Wage Act can help you, as well as the Fair Labor
Standards Act (FLSA). Click here for information about the
Kansas Wage Act.
The FLSA not only guarantees you a minimum wage, it also
provides overtime for the vast majority of non-management
employees. Click here for more information in the FLSA.
10. How does the EEOC investigate my case? The EEOC
assigns your case to an investigator who will look at your
charge and often interview you about the specifics of your
charge. If you have an attorney, the attorney will usually be part
of this interview. The investigator for the EEOC will then
request information from the company and talk to witnesses.
After the completion of the investigation, the investigator will
determine whether he or she thinks discrimination occurred.
11. What is a so-called cause case? This is one where the
EEOC has found reason to believe that discrimination did occur.
12. Why did the EEOC dismiss my case and now what do I do?
Many times, the EEOC can determine if your rights haver been
violated, and sometimes they conclude that they have not. This
does not end it. You can still file a lawsuit in court within 90
days of your receipt of the Right to Sue Letter.
13. I got a letter from the Kansas Human Rights Commission
(KHRC) that my rights might not be protected if I don't file a
charge with them. Is this true? Most often, if you file with the
EEOC and your employer has enough employees to come
under federal law, you do not need to file with the KHRC.
14. Is my employer big enough to be sued for discrimination
under federal employment laws? If it has 15 employees, it can
be sued under most anti-discrimination laws, but it has to have
20 to be sued under the Age Discrimination in Employment Act.
For smaller employees, you need to file with the KHRC.
15. Can I get a contingent fee lawyer to help me, and just what
is a contingent fee? A lawyer who works on a contingent fee
agrees to be paid only if you get a settlement or judgment in
your favor. The contingent fee attorney will usually pay all of
the costs of the litigation and then get reimbursed out of the
settlement or judgment.
16. When will my case go to trial? The vast majority of cases
do not go to trial. Many cases are thrown out by the courts
because the employees does not enough evidence to prove his
or her case. Most cases get settled for some amount of money
that the employee and the employer can agree upon. You
should talk with attorney about what your case is worth. In
federal court, it can take up to a year after you file your case for
there to be a trial.
17. Should I settle my case instead of going to trial? This all
depends on the evidence and how strong your case is. This is
an area where you have to listen to your attorney who should
know when a case should be settled and when it is worth the
risk of going to trial.
18. If I win my case, can I get a huge award? I have heard
about people getting millions of dollars in the rarest of cases.
Very few employees get rich off of an employment case unless
the employer's conduct was extremely bad. The federal
employment laws have limits on the amount of money that an
employer has to pay for compensatory damages, which are for
emotional distress.
19. Do I need an attorney to go after my employer for violating
my rights? You can do this yourself, but it is a little like doing
your own medical operation. A good employment attorney
knows the law and knows how to handle your employment
problem. This is not quite the same as trying to sell your own
home.
20. How do I find a good employment attorney? First ask
friends if they know someone who specializes in employment
law. Also check with attorneys you know. You can also use
the phone book or the Internet. The Internet has many listings
of attorneys, and many lawyers, like us, now have websites.
Click here for more information.
We would be happy to help you with an employment law
problem. We know the Kansas and federal employment laws
and believe that we will be able to give you the peace of mind
you need!
questions about labor and employment law. If you have a
question that is not on the list, or if you just need more
information than is provided, please email us. We answer all
emails that we receive.
1. How do I file a charge of discrimination? The charge of
discrimination is filed either with the Equal Employment
Opportunity Commission or with the Kansas Human Rights
Commission. You will need to contact either agency and tell
them that you want file a charge. They will follow up with you.
You can do this on your own, or you have an attorney help. Of
course, we think it is best to use an attorney in this process.
Click on this link to learn more about the EEOC. Click here to
learn more about the KHRC. Click here for the charge of
discrimination that the KHRC uses.
2. Can I sue my employer for violating my employment rights?
The answer is yes if you first file a charge of discrimination with
either the EEOC or the KHRC. With only a few exceptions, like
race discrimination, a charge of discrimination must be filed
with the EEOC or KHRC before you can go to court.
3. How long do I have to complain or file a charge of
discrimination against my employer? If you file with the EEOC,
you have 300 days from the time that the discrimination
occurred. If you file with the KHRC, you have 6 months to file
from when the discrimination occurred.
4. Is there a time limit for filing a charge of discrimination? See
the answer above.
5. Can I sue my boss for discriminating or harassing me? For
the most part, the answer is probably not. The employment
laws allow you to sue your employer, not your boss.
6. Well then, can I file a charge or sue my coworkers for
harassing me? Again, the answer is probably not. Under
federal and state discrimination laws, you have to file suit
against your employer.
7. What damages or compensation do I get if I win a
discrimination case? This all depends on the facts of your
case. All discrimination laws allow you to collect for any
economic loss you suffer. Other laws compensate you for
emotional distress, embarrassment and humiliation. The Age
Discrimination law only allows economic damage and the same
is true for the Family Medical Leave Act (FMLA).
8. How do I get my boss to pay me the money he owes me?
You can file a complaint with either the federal Department of
Labor or with the Kansas Department of Labor. We believe that
the better option is to hire a Kansas lawyer who can help you
get paid. The lawyer can help you collect wages that your
employer owes you, including overtime pay that you might be
due.
9. What laws will help me get paid when I am owed money?
The Kansas Wage Act can help you, as well as the Fair Labor
Standards Act (FLSA). Click here for information about the
Kansas Wage Act.
The FLSA not only guarantees you a minimum wage, it also
provides overtime for the vast majority of non-management
employees. Click here for more information in the FLSA.
10. How does the EEOC investigate my case? The EEOC
assigns your case to an investigator who will look at your
charge and often interview you about the specifics of your
charge. If you have an attorney, the attorney will usually be part
of this interview. The investigator for the EEOC will then
request information from the company and talk to witnesses.
After the completion of the investigation, the investigator will
determine whether he or she thinks discrimination occurred.
11. What is a so-called cause case? This is one where the
EEOC has found reason to believe that discrimination did occur.
12. Why did the EEOC dismiss my case and now what do I do?
Many times, the EEOC can determine if your rights haver been
violated, and sometimes they conclude that they have not. This
does not end it. You can still file a lawsuit in court within 90
days of your receipt of the Right to Sue Letter.
13. I got a letter from the Kansas Human Rights Commission
(KHRC) that my rights might not be protected if I don't file a
charge with them. Is this true? Most often, if you file with the
EEOC and your employer has enough employees to come
under federal law, you do not need to file with the KHRC.
14. Is my employer big enough to be sued for discrimination
under federal employment laws? If it has 15 employees, it can
be sued under most anti-discrimination laws, but it has to have
20 to be sued under the Age Discrimination in Employment Act.
For smaller employees, you need to file with the KHRC.
15. Can I get a contingent fee lawyer to help me, and just what
is a contingent fee? A lawyer who works on a contingent fee
agrees to be paid only if you get a settlement or judgment in
your favor. The contingent fee attorney will usually pay all of
the costs of the litigation and then get reimbursed out of the
settlement or judgment.
16. When will my case go to trial? The vast majority of cases
do not go to trial. Many cases are thrown out by the courts
because the employees does not enough evidence to prove his
or her case. Most cases get settled for some amount of money
that the employee and the employer can agree upon. You
should talk with attorney about what your case is worth. In
federal court, it can take up to a year after you file your case for
there to be a trial.
17. Should I settle my case instead of going to trial? This all
depends on the evidence and how strong your case is. This is
an area where you have to listen to your attorney who should
know when a case should be settled and when it is worth the
risk of going to trial.
18. If I win my case, can I get a huge award? I have heard
about people getting millions of dollars in the rarest of cases.
Very few employees get rich off of an employment case unless
the employer's conduct was extremely bad. The federal
employment laws have limits on the amount of money that an
employer has to pay for compensatory damages, which are for
emotional distress.
19. Do I need an attorney to go after my employer for violating
my rights? You can do this yourself, but it is a little like doing
your own medical operation. A good employment attorney
knows the law and knows how to handle your employment
problem. This is not quite the same as trying to sell your own
home.
20. How do I find a good employment attorney? First ask
friends if they know someone who specializes in employment
law. Also check with attorneys you know. You can also use
the phone book or the Internet. The Internet has many listings
of attorneys, and many lawyers, like us, now have websites.
Click here for more information.
We would be happy to help you with an employment law
problem. We know the Kansas and federal employment laws
and believe that we will be able to give you the peace of mind
you need!
The information
provided in these
web pages is for
educational
purposes only
and not intended
to provide legal
advice. Our firm
does not have a
client-attorney
relationship with
any person until
we agree to take
your case. If you
have an actual
employment
law problem, you
should contact a
competent
Kansas
employment
law attorney who
represents
Kansas
employees.
provided in these
web pages is for
educational
purposes only
and not intended
to provide legal
advice. Our firm
does not have a
client-attorney
relationship with
any person until
we agree to take
your case. If you
have an actual
employment
law problem, you
should contact a
competent
Kansas
employment
law attorney who
represents
Kansas
employees.
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