Practice Areas

Employment Law

Employment law covers a complex network of laws that controls how employers must treat employees, former employees, and applicants for employment. We represent private and public sector employers and employees in all aspects of the employer/employee relationship, from pre-hire to post-termination. Our attorneys have significant experience in interpreting and construing state and federal statutes and case law in areas involving:

• Employment discrimination
• Affirmative action
• Sexual harassment
• Employee benefits
• Whistleblower cases
• Wrongful/retaliatory termination
• Employment contracts
• Defamation
• Invasion of privacy
• Breach of non-compete and confidentiality agreements
• COBRA violations
• FMLA (Family Medical Leave Act) rights

Our cases involve an understanding and application of the Americans With Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Worker Adjustment and Retraining Notification Act (WARN), the Federal Employer's Liability Act (FELA), the Occupational Safety and Health Act (OSHA), administrative claims filed with the Equal Employment Opportunity Commission (EEOC), and special laws governing municipal employment. Our goal is to provide sound, practical and proactive legal advice in order to assist our clients in avoiding litigation and other adversarial proceedings. We encourage the use of, and have successfully utilized facilitative mediation and arbitration to minimize the time and expense related to resolving employment disputes.

Our firm has earned a reputation for defending employee's rights in the work place and for defending the civil rights of citizens. We also work with employers to take proactive steps to ensure compliance with state and federal laws. When your employment rights or civil rights have been violated, there are certain procedures that must be followed in order to pursue a case. We encourage you to contact our firm to learn your rights and to take immediate action to preserve your case. Rotts & Gibbs, LLP has significant experience and success in employment law and civil rights as detailed below. As with many cases, we are bound by confidentiality agreements not to discuss the details nor the results of the cases listed below and can only supply the broadest of descriptions.

Representative Cases:

• Our clients are several African-Americans who were subjected to racial harassment and discrimination by store security and store employees while shopping in a major department store. Litigation is ongoing.
  
• Our clients were employees of a County government agency and suffered sexual harassment by their supervisors including sexually graphic cartoons, sexual jokes, and unwanted touching and kissing. The employees reported the sexual harassment and were subsequently terminated in retaliation for asserting their legal rights. We brought suit in Federal Court on their behalf and eventually resolved the matter to the satisfaction of our clients.
  
• Our client was a young woman employed by a County organization. She was wrongfully arrested by law enforcement officials as a part of an alleged prank. After being threatened, handcuffed to a chair and transported to the jail, she was released. We successfully represented her through her difficulties and eventually resolved the matter to her satisfaction.
  
• Our client was employed by a national company where he was subjected to racial slurs and other racial harassment including discriminatory disciplinary action. After our client reported the unlawful racial discrimination, he was terminated from his employment. We brought suit on behalf of our client and resolved the matter to the satisfaction of our client. Another client was falsely accused of forgery and, coincidentally, happened to be the only African American in the office. We successfully defended the criminal case and then sought and obtained substantial damages from the employer for the discrimination and wrongful prosecution.
  
• Our client was an employee of a State agency who was sexually harassed by a co-employee, including unwanted touching, sexual comments, and sexual drawings. After reporting the sexual harassment, the employer took no action to discipline the harasser. Our client was subsequently assaulted by the co-employee. We supported our client throughout her ordeal, brought suit on behalf of our client and brought the case to a successful conclusion.
  
• Our client was a paraplegic who sought access to public services from his local community. Our client alleged the community failed to comply with the requirements of the Americans with Disabilities Act and the Rehabilitation Act. We brought suit on behalf of our client, obtained significant progress towards compliance with the Americans with Disabilities Act and the Rehabilitation Act, and resolved the matter to the satisfaction of our client.
  
• Our clients were employed by a major Missouri corporation and subjected to unwanted touching and unwanted sexual advances by their supervisor. After reporting the unlawful sexual harassment to management, our clients suffered retaliation and one was eventually fired. We brought suit on behalf of our clients and resolved the matter to the satisfaction of our clients.
  
• Our client was employed by a non-profit agency where she was found at fault for an incident that non-minority individuals were not found at fault. Our client was also terminated for the conduct. Previously, non-minority individuals had not been terminated for similar conduct. We brought suit on behalf of our client and resolved the matter to the satisfaction of our client.
  
• Our client was employed by a State agency where she was subjected to unwanted touching and unwanted sexual advances by a co-employee. After she reported the illegal conduct by the harasser, our client was subjected to retaliation. During discovery, we learned that the harasser had previously not been disciplined for unwanted touching. We supported our client throughout her ordeal, brought suit on behalf of our client and brought the case to a successful conclusion.
  

Rotts & Gibbs, L.L.C.
1001 East Walnut Street
Suite 301
Columbia, Missouri 65201
Telephone: (573) 443-3463
Fax: (573) 443-7099
Email: rggllp@tranquility.net