Can My Boss Really Do That? A Legal Update for Attorneys Presented By: Wesley J. Carrillo, Shareholder Ensz & Jester, P.C. 2121 City Center Square 1100 Main Street Kansas City, Missouri 64105 (816) 474-8010 wcarrillo@enszjester.com Presented By: Kelly McCambridge, Founder McCambridge Law, LLC 1308 NE Windsor Drive Lee’s Summit, Missouri 64086 816-389-8345 kelly@mccambridgelaw.com

2017 Damage Caps Individual Liability Employer-friendly Legal Standard

Those things that haven’t changed … Can my boss fire me for: - Not doing my job? - Looking at him wrong? - Sleeping? - Who I choose as my partner? Yes. Yes (but see local ordinances).

The Big Changes to the MHRA

Old versus New Contributing Factor Individuals Liable Punitive damages capped at $500,000 or 5X actuals Motivating Factor No Individual Liability Caps based on Number of Employees: 5 -- 99: $50,000 100 – 199: $100,000 200 – 499: $200,000 500+: $500,000

Questions raised from SB43 and Recent Decisions Are the provisions of the new MHRA retrospective? How will the 180 days shake out versus the 2 year statute of limitation? What will be the evidentiary effects of the Tivol and Ceasars decisions? What will the plaintiff’s employment bar do for a living now?

Short-term and Long-term Effects Plaintiff’s Perspective Defense Perspective Filing of cases will go down initially, but will balance out in the long run. More likely to see cases being tried. Lower settlement values in cases where plaintiff has little actual damage.

Whistleblower Protection Act wrongful discharge Basics: Employer must have 6 or more employees; Reports an employer’s unlawful act to proper authorities; Reports to the employer serious misconduct in violation of a clear mandate of public policy (Constitution , statute or regulation); Employee of an employer who has refused to carry out a directive issued by the employer if doing so would violate the law.

Exclusions Supervisory Managerial Executives Officers IF: The unlawful act or serious misconduct reported concerns matters upon which the employee is employed to report or provide professional opinion OR The proper authority or person to whom the employee makes his or her report is the person whom the employee claims to have committed the unlawful act or violation of clear mandate.

Standard and Damages Motivating Factor Damages: Back pay; Reimbursement of medical bills directly related to the violation of the WPA; Punitives if the claimant can show outrageous conduct; Costs and Attorney fees may be awarded to the prevailing plaintiff and to a defendant upon a showing that the case was without foundation.

Electronic Preservation and eDiscovery Retention Policies

Text messages The new email

BYOD Bring Your Own Devices

www.dol.ks.gov - Kansas Department of Labor Kansas Statute Chapter 44 Article 10 - Kansas Employment Law Statute www.eeoc.gov - Equal Employment Opportunity Commission • information about the process including ◦ how to file a complaint of discrimination in KS ◦ mediation process www.khrc.net - Kansas Human Rights Commission