Whistleblower Lawyers In Kansas City

It takes great courage to report violations of the law. Far too often, whistleblowers are rewarded for their courage by being fired. Retaliation against a whistleblower is illegal. If you reported your employer’s illegal conduct, or conduct you believed to be illegal, and were fired as a result, you have rights. Carter Law Offices is located in Kansas City and represents whistleblowers across Missouri and Kansas. Contact our law firm today.

Whistleblower Protection Laws

There are a host of federal and state laws that protect whistleblowers. For instance, the Sarbanes-Oxley Act is a federal law that applies to employees of publicly traded companies who report illegal or suspected illegal acts.

In addition, Missouri has a number of exceptions to the at-will employment doctrine, including a “public policy” exception. Under Missouri law, employees cannot be fired for reporting certain illegal acts to the authorities.

The legislature overturned Missouri’s prior “contributing factor” test based on common law with the passage of the statutory Missouri Whistleblower’s Protection Act, which sets a higher legal bar, It requires the private-sector employee-whistleblower to demonstrate that the report was the main “motivating factor” for termination.

The Missouri Whistleblower’s Protection Act (WPA).

If you work for a private company and report illegal corporate behavior, the Missouri Whistleblower’s Protection Act (RSMo § 285.575) is your primary legal shield. However, Missouri law is very strict. To actually qualify as a “protected person” in the eyes of the court, you must meet exact statutory definitions:

• The protected activity: It is not enough to complain about poor management. You must have reported a clear violation of a law, constitutional provision or regulation to the proper authorities. This could mean going to law enforcement, a government agency or even your own internal Human Resources department. You are also legally protected if you explicitly refused to follow a direct order that would have broken the law.
• The motivating factor threshold: To win your case, our firm must prove that your decision to blow the whistle was the “motivating factor” behind your termination or demotion. In other words, we must demonstrate that your report played a real, determinative role in your employer’s choice to punish you.
• Available remedies: Harmed employees can seek actual damages, which include financial losses such as back pay and medical bills. If an employer acts with an evil motive or reckless indifference, the court can award liquidated damages by doubling the total combination of your back pay (with interest) and any directly related medical bills.

Our attorneys will analyze the specific conditions of your case to ensure your actions meet these exact legal definitions before we take on the corporate machine.

Federal Protections: The Sarbanes-Oxley Act (SOX)

If you are a corporate professional, internal auditor or executive at a publicly traded company, you have massive federal leverage. The Sarbanes-Oxley Act specifically protects employees who speak up about securities violations or internal bank, wire and mail fraud.

This federal law is highly favorable to workers. Under SOX, the evidentiary burden is much lower: we only need to prove that your protected report was a contributing factor to the hostile treatment you faced. Hitting this threshold triggers federal liability, opening a clear path for you to get your job back, recover your lost wages, and force the company to pay your attorney fees.

Protecting Your Rights And Interests

Our law firm has successfully represented many people in employment claims, including whistleblower and retaliation claims. If we accept your case, you can depend on our lawyers to take a close look at the facts of your case and fight for your rights. We prepare every case with the intention of taking it to trial. Our aggressive, tenacious approach to helping our clients achieve successful outcomes, both in trial and in negotiations.

Contact The Whistleblower Attorneys Of Carter Law Offices

If you were fired from your job for blowing the whistle on illegal activities or even activities you had good reason to believe were illegal, contact Carter Law Offices today. We offer free initial consultations to all prospective clients. Call 816-283-3500 or fill out our online contact form to get started.