Kendra D. Simmons

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Email: ksimmons@fredlaw.com
Office: 515.242.8919

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PRIMARY SERVICES

Employment & Labor
Employment & Labor Litigation
Litigation
Trade Secrets

Overview

Kendra helps employers prevent and solve problems. She is an experienced advisor and litigator, representing employers and businesses in litigation and advising them outside of formal legal proceedings. While Kendra works with employers in various industries, she works most frequently with clients in the health care, construction, manufacturing, transportation and technology industries.

Kendra regularly drafts employment policies and agreements, including non-competes and other restrictive covenants, and represents employers in litigation on these same matters. She has obtained numerous dismissals of discrimination, harassment and retaliation charges before the Equal Employment Opportunity Commission and Iowa Civil Rights Commission, as well as winning summary judgment for multiple clients facing similar claims in state or federal court. She has also successfully represented clients in jury trials, bench trials, other agency proceedings and arbitration. This litigation experience helps Kendra to better advise clients on practical solutions, always keeping their end business goals in mind. She is sought out for her experience in advising on and litigating matters under Iowa’s drug and alcohol testing statute. In addition, Kendra advises on due diligence matters for clients engaged in mergers and acquisitions.

Kendra’s practice focuses on employment law and litigation, but her general business litigation background allows her to serve the wide-ranging legal needs of businesses and employers. Before joining the firm, Kendra was an associate at Seigfreid Bingham, P.C. in Kansas City, where she practiced general business litigation and worked on matters involving transportation law, employment law, and health care law, among other areas of law.

Experience

REPRESENTATIVE EXPERIENCE

Employment

Obtained dismissal of multiple civil rights complaints brought against employers by former employees.
Drafts employment policies, handbooks and agreements (including non-competes and other restrictive covenants).
Advises clients on employment policies and various individual employment issues outside of litigation.

Appellate

Successfully affirmed district court’s grant of motion to dismiss case for failure to state a claim. Garrett & Vandewalle v. Branson Commerce Park Community Improvement District (10th Cir. 2016).
Represented motor carrier in appealing agency’s unfavorable decision under federal Surface Transportation Assistance Act. TransAm Trucking, Inc. v. Admin. Review Board (10th Cir. 2016).
Represented motor carrier in petitioning for review of FMCSA action regarding a settlement agreement. TransAm Trucking, Inc. v. Federal Motor Carrier Safety Admin. (10th Cir. 2015).

Litigation

Successfully moved to compel arbitration of employment discrimination claims. Woolridge v. Select Genetics, LLC, Case No. 21-CV-05057-MDH (U.S. District Court for the Western District of Missouri, August 2021).
Obtained dismissal with prejudice for employer in employment discrimination and defamation case. Clark v. Murphy Warehouse Co., et al., Case No. 27-CV-20-11832 (Hennepin County District Court, February 2021).
Obtained summary judgment for employer in disability discrimination case under the ICRA based on a lack of qualifying disability. Rounds v. Risen Son Christian Village, Case No. LACV119744 (Iowa District Court for Pottawattamie County, August 2020).
Part of a trial team that obtained a more than $1.6 million verdict in a business dispute involving breach of restrictive covenants (Pierce Street Same Day Surgery, L.C. v. Dr. Adam Smith et al., Case No. LACV178878 (Iowa District Court for Woodbury County Feb. 20, 2020).
Defended employer against claim by former employee alleging violation of Iowa’s drug-and-alcohol testing statute (Iowa Code section 730.5).
Obtained summary judgment for employer in race discrimination and retaliation case under ICRA and Title VII. Goodman v. Performance Contractors, et al. (N.D. Iowa 2019).
Helped obtain temporary injunction against physicians prohibiting them from further violating their restrictive covenants. Pierce Street Same Day Surgery, L.C. v. Dr. Adam Smith et al., Case No. LACV178878 (Iowa District Court for Woodbury County Feb. 5, 2018).
Helped obtain temporary injunction against pediatrician and her new clinic prohibiting her from further violating her noncompetition agreement. Prairie Pediatrics & Adolescent Clinic, P.C. vs. Dr. Tina Smith & Tri-State Specialists, LLP, Case No.: LACV177912 (Iowa District Court for Woodbury County Dec. 22, 2017).
Obtained summary judgment for employer in FMLA entitlement and discrimination case initiated by a former administrator. Roys v. Upper Iowa University (N.D. Iowa 2017).
Successfully defended delivery service provider against violation of the Surface Transportation Assistance Act in administrative hearing and through administrative appeals.
Successfully represented businesses in bench and jury trials.
Represented defendant national retail chain in complex, multi-million dollar arbitration.
Defended motor carrier and multiple health care entities against discrimination and other employment claims.
Represented defendants, including a motor carrier and professional sports franchise, in class actions in federal court.

Other

Assisted company in developing uniform procedure for collecting from non-paying customers.
Revised contract documents for a service company to improve efficiency in the event matters resulted in litigation.

Articles & Presentations

The Present and Future of Drug and Alcohol Testing—What Employers Should Know About the Iowa Supreme Court’s Recent Decisions

July 8, 2021

The Iowa Supreme Court recently provided employers some much-needed guidance.