1. 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)
Presented By:
Kelly McCambridge, Founder
McCambridge Law, LLC
1308 NE Windsor Drive
Lee’s Summit, Missouri 64086

2. 2017
Damage Caps
Individual Liability
Employer-friendly
Legal Standard

3. 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).

4. The Big Changes to the MHRA

5. 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:
: $50, – 199: $100,000
200 – 499: $200, : $500,000

6. 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?

7. 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.

8. 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.

9. 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.

10. 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.

11. Electronic Preservation and eDiscovery
Retention Policies

12. Text messages
The new

13. BYOD
Bring Your Own Devices

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