Robert W. McKinley
Mr. McKinley is a member of the firm's Employment and Labor section. He specializes in employee benefit and fiduciary litigation and has extensive experience in successfully defending many complex cases involving fraud, securities law, anti-trust and breach of professional and fiduciary duties under both federal and state law.
Mr. McKinley has defended employers and insurers in a wide variety of individual and class action employment matters, including agent and manager terminations, wrongful termination, discrimination, wage and hour, harassment, covenants not to compete, drug testing and benefit cases. He has appeared before the EEOC, NLRB, Department of Labor and State Human Rights Agencies and litigated in federal and state courts throughout the United States.
Mr. McKinley has experience representing life, health, accident and disability insurers in defending individual, group, employer-provided and third-party administrator claims and successfully defending claims in several reported decisions. In addition, he has done numerous presentations to the Bar Association and employer groups on employment issues, trial practice and ethics, as well as frequently lecturing on related issues.
- Has tried dozens of jury and non-jury employment related cases.
- Successfully handled related appeals to state and federal appellate and supreme courts.
- Counseled on a wide variety of personnel issues including hiring, interviewing, promotion practices, workplace conduct, performance, reductions in force, terminations, conflict resolution and benefits.
- Conducted dozens of investigations into employee disputes and claims of unfair treatment and discrimination.
- Has counseled senior management in strategic human resources planning.
- Successfully negotiated labor agreements and grievance issues with a wide variety of labor unions and employee organizations.
- Has frequently served as court-appointed and private mediator.
- Has prepared responses to charges of unfair discrimination made to various federal, state and local governments.
- Conducted extensive training to human resources and operational departments on labor and employment.
- Has designed employee grievance policies and procedures.
- Has prepared and developed human resources policies.
- Negotiated senior management employment contracts and severance packages.
- Has developed employee bonus and attendance protocols.
- Significant experience in EEOC, ERISA, ADA, FMLA, COBRA, FLSA and Workers Compensation.
Recent Blog Posts
Perspective: Kirton McConkie Law Blog
- Chapter Editor (Attorney’s Fees), Employment Discrimination Law by Lindemann, Grossman, Weirich
- You're hired! You're fired! Employers are totally boss when it comes to finding and keeping happy employeesSummer 2014Utah Valley Business Q
- Employment Discrimination LawEditorial Board
- August 18, 2015Press Release
- August 5, 2015
- September 4, 2014Press Release
- August 18, 2014Press Release
- August 15, 2013Press Release
- American Bar Association Arbitration ConferenceSan Francisco, CA
- American Bar Association's Third Annual Labor & Employment Law CLE ConferenceWashington, D.C.
- University of Missouri-Columbia School of Law, J.D., 1969
- University of Missouri-Columbia, B.S., Economics, 1966
- Dean's List
- Utah, 2013
- Kansas, 1988
- Missouri, 1969
- U.S. District Court of the District of Utah
- U.S. District Court for the Western District of Missouri
- U.S. District Court for the District of Kansas
- U.S. Tax Court
- U.S. Supreme Court
- U.S. Court of Appeals, Third, Eighth and Tenth Circuits
Honors & Awards
- Best Lawyers: Labor Law - Management (2013 - 2016) and Employment Law - Management (2015 - 2016)
- Missouri and Kansas Super Lawyers
- Fellow, College of Labor & Employment Lawyers
- Kansas City Business Journal: Best of the Bar, Missouri and Kansas
- American Jurisprudence Awards: International Law Domestic and Relations
- Martindale-Hubbell: AV Rating
- The Utah Bar Association
- The Missouri Bar
- Chapter Editor, Missouri Bar Association Municipal Law
- Chapter Editor, Missouri Bar Association Federal Practice
College of Labor& Employment Lawyers, 10th Circuit Credentials Committee
Kansas Bar Association
- The Kansas City Metropolitan Bar Association
- American Bar Association
- American Employment Law Council
- Missouri Supreme Court Civil Rules Committee
- Missouri Bar Federal Practice Series
- Vice-Chair, Board of Trustees, Utah Transit Authority
- Kansas City Tomorrow Civic Council Leadership Program
- Birmingham Drainage District: Former President and General Counsel
- Clay County Economic Development Council
- Beta Theta Phi, International President
- Certified Arbitrator, American Arbitration Association