J. Steven Massoni, Special Counsel
Mr. Massoni has more than 25 years of experience in employment-related law and commercial litigation. He frequently advises individual and corporate clients regarding the maze of federal and state laws and regulations governing the employment relationship, such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Age Discrimination in Employment Act (ADEA), as well as court-developed doctrines relating to retaliatory discharge, non-competition agreements, and employment contracts. His more than 35 years of overall legal experience also includes litigation involving construction projects, insurance policies, licensing agreements, and family-owned business disputes. Mr. Massoni’s practice includes mediation and dispute resolution. He is a member of the firm’s employment and labor team in the Wichita office. Mr. Massoni enjoys Martindale-Hubbell Law Directory’s “AV” peer-review rating for lawyers, reflecting the highest level of professional excellence.
Professional Memberships, Affiliations, and Honors
American Bar Association
Kansas Bar Association Employment Law Section, Past-President and Newsletter Editor
Wichita Bar Association
Trial and appellate counsel for Allen Press, Inc., Defendant/Appellee in Satterlee v. Allen Press, Inc., 2011 Kan. App. Unpub. LEXIS 703, 2011 WL 4031558 (Kan. App. 2011), pet. for rev. denied (Kansas Supreme Court February 19, 2013) (affirming trial court’s decision in favor of employer that former employee failed to demonstrate that her layoff was in retaliation for her workers’ compensation claim, and absences for on-the-job injuries).
Trial and appellate counsel for Allen Press, Inc., Defendant/Appellee in earlier suit filed by former employee alleging that her termination interfered with her right to take FMLA leave, that it amounted to retaliation, and that she was entitled to reinstatement. Satterlee v. Allen Press, Inc., 433 F. Supp. 2d 1236 (D. Kan. 2006), reconsideration denied, 455 F. Supp. 2d 1236 (D. Kan. 2006), affirmed, 274 Fed. Appx. 642, 2008 U.S. App. LEXIS 8247, 2008 WL 1766789 (10th Cir. 2008) (affirming summary judgment in favor of Allen Press).
Trial counsel for private lender in borrower’s suit alleging breach of contract, trespass, conversion, quiet title, ejectment, and civil conspiracy that after bench trial resulted in dismissal of borrower’s claims and judgment on counterclaim in favor of lender exceeding seven figures after addition of interest and attorney’s fees. Voth v. Provident Family Limited Partnership et al., Case No. 08-CV-457 (Kan. Seventh Jud. Dist. 2010).
Counsel for majority stock owners of two privately-held companies in complex litigation over company ownership involving allegations of breach of fiduciary duty by trust beneficiaries, and requiring the interpretation of the family trusts and shareholder agreements.
As co-counsel, obtained summary judgment for the Boeing Company in two suits filed by employee alleging discrimination, harassment, and hostile work environment based on national origin, race, color, and disability. Amro v. Boeing Company, 65 F. Supp. 2d 1170 (D. Kan. 1999), affirmed, 232 F.3d 790 (10th Cir. 2000); Amro v. Boeing Company, 951 F. Supp. 1533 (D. Kan. 1997), affirmed, 1998 U.S. App. LEXIS 15164, 1998 WL 38510 (10th Cir. 1998) (affirming summary judgment in favor of Boeing in both cases).
Co-lead counsel in successful defense of the Boeing Company in former employee’s suit alleging discrimination, retaliation, and hostile work environment based on ancestry and disability. Aramburu v. Boeing Company, 911 F. Supp. 1377 (D. Kan. 1995), affirmed, 112 F.3d 1398 (10th Cir. 1997) (affirming summary judgment in favor of Boeing).
Lead trial counsel for beef packing company where former employee claimed that he had been terminated in retaliation for pursuing his workers’ compensation rights. Thidsorn v. Excel Corporation, 27 Kan. App. 2d 735, 2000 Kan. App. LEXIS 709 (Kan. App. 2000) (affirming summary judgment in employer’s favor).
Obtained summary judgment or other dismissal on behalf of employers in several age discrimination suits. See, e.g., Faflick v. Boeing Company, No. 94-1505 (D. Kan. 1997) (summary judgment); Burnett et al. v. Boeing Company, No. 94-1421 (D. Kan. 1996) (dismissed at close of plaintiff’s evidence).
Co-counsel in successful defense of a lawsuit seeking over $65 million in damages for alleged breach of a patent licensing agreement, breach of fiduciary duty, fraud and joint venture arising out of company’s decision not to proceed with an aircraft-modification project. Flight Concepts Ltd. Partnership v. Boeing Company, 819 F. Supp. 1535 (D. Kan. 1993), affirmed, 8 F.3d 1152 (10th Cir. 1994) (affirming summary judgment in favor of Boeing).
- Dig Two Graves: Avoiding Retaliation in the Workplace (Foulston Siefkin, Employment Law Seminar)
- The Defend Trade Secrets Act of 2016: Protecting Confidential Information (Foulston Siefkin, HR Box Lunch Series)
- I won’t be in to work today: Managing Leaves of Absence (Salina SHRM Chapter)
- “My Boss is Stressing Me Out” and Other Legitimate and Illegitimate Reasons Employees Request Time Off (Foulston Siefkin LLP, Employment Law Seminar)
- I won’t be in to work today – Potentially Protected Absences (McPherson Area Human Resources Professionals)
- How to Have Difficult Conversations with Employees (Foulston Siefkin LLP, Employment Law Seminar)
- Agricultural Employment Law Review (Kansas Bar Association, Agricultural Law CLE)
- For Discrimination, it depends on what the meaning of the word “sex” is
-Kansas Employment Law Letter
- Sexual Harassment – Court Examines Social Context of Bad Behavior
-Kansas Employment Law Letter, Vol. 6, Issue 9
- Government Contracts – Rules for Government Contractors and Subcontractors
-Kansas Employment Law Letter, Vol. 5, Issue 12
- Employment Discrimination – Here’s Looking Over Your Shoulder, Kid
-Kansas Employment Law Letter, Vol. 4, Issue 10
- Medical Exams: Do You Really Wanna Know
-Kansas Employment Law Letter, Vol. 4, Issue 8
- New Hire Reporting and Support Enforcement in Kansas
-Kansas Employment Law Letter, Vol. 4, Issue 7
- Liability for Sexual Harassment by a Supervisor
-Kansas Employment Law Letter, Vol. 4, Issue 5
- Plant Closings and Mass Layoffs: To Warn or Not To Warn
-Kansas Employment Law Letter, Vol. 2 Issue 5
- Past Misconduct by Employees: Bodies in the Basement
-Kansas Employment Law Letter, Vol. 1, Issue 7