How To File for Wrongful Termination in Kansas City
Has your employer unlawfully terminated your employment? Knowing how to file for wrongful termination can help you determine your next steps.
In Kansas and Missouri, employers cannot terminate you based on your medical condition, sex, religion, or any other discriminatory matter. They also cannot fire you in retaliation after you engage in legally protected behaviors.
Speak with Kansas City’s experienced employment lawyer about whether you have a case, then learn how to file for wrongful termination below.
1. Review Your Severance Package Before Accepting
If you accepted a severance package as part of your termination, you may have waived your right to file a complaint against your employer. If you have an offer on the table, read the terms closely before accepting.
If the terms don’t say anything about waiving your right to sue or file a claim against your employer, you can proceed with the next step. However, it’s a good idea to have an employment attorney review the terms of the severance package before you accept it.
2. File a Complaint With the Appropriate Agency
“Filing for wrongful termination” can mean two different things. At a basic level, it means filing a complaint with a government agency, which will investigate your termination and determine whether it was unlawful. If it was, you may be able to file a wrongful termination lawsuit, which is how you would recover compensation for your employer’s unfair acts.
Start by filing a complaint. You can do so with the Missouri Commission on Human Rights (MCHR) or with the Equal Employment Opportunity Commission (EEOC). In both Kansas and Missouri, claims are dual-filed with the EEOC and the state agency. You’ll need to provide details about your employer and the termination.
Although the EEOC and the state agencies provided ways to file charges of discrimination without an attorney, the process is easier and faster when an attorney is involved.
3. Await the Determination
After you submit your complaint, the agency will conduct an investigation, although limited resources sometimes prevent thorough investigations. State and federal agencies act as neutral fact-finders and are not automatically on your side.
To investigate your claim, they may speak with your coworkers and review the termination documents. They may also provide a possibility to go to mediation to attempt to settle the claim. The agency also may make a finding whether there was a violation of law, and they may be interested in pursuing your claim themselves, although that does not happen often. But even if they do not find a violation, that does not mean there was no violation, and it generally does not prevent you from taking your claims to court.
4. File a Lawsuit, If Discrimination Was Found
After 180 days, we can request a Notice of the Right to Sue. That letter gives us the right to file a lawsuit in court to seek financial damages for your wrongful termination.
Working with an experienced attorney throughout the filing process can improve your case outcomes. They can help you with documenting evidence, filling out the claim form, following up, and adhering to the statutes of limitations.
Contact Dugan Schlozman LLC Today
Now that you know how to file for wrongful termination, you can hold your employer accountable and seek financial damages. Dugan Schlozman, LLC helps Kansas City employees uphold their rights through retaliation claims, gender equality claims, sexual harassment claims, and more. Call 913-374-6351 or fill out our online form to schedule a consultation.
