Termination Laws In Kansas
Kansas is an at-will employment state. This means that the courts generally interpret that absent a specific contractual exception, however, employment can be terminated at any time for any reason. This broad general statement does not mean, however, that employers have limitless discretion.
To evaluate potentially unlawful terminations in Kansas, a court or administrative agency will first consider whether there are any exceptions to the at-will employment doctrine. One exception arises when the employee has a reasonable and justifiable expectation of continued employment based on express or implied assurances. This exception recognizes the longstanding public policy in favor of preventing employers from making false or misleading promises designed to induce employees to relinquish legal rights or forego future opportunities.
Another exception exists when an employee is dismissed based on an unlawful consideration such as race, gender, or perceived disability. While Kansas does not have a law specifically prohibiting wrongful termination, employers that discriminate fall within the purview of federal discrimination laws. Federal courts have identified several common exceptions to the at-will employment doctrine falling under this exception including, but not limited to, the following:
Kansas courts require that claims under the various statutes and regulations relating to employment be specifically pled and proven. Generally, an employee seeking to establish an actionable claim is required to offer proof of all the elements of the claim and to demonstrate the employer’s conduct was connected in some way to one of the protected characteristics. There is no requirement, however, that the employee prove each and every element of the claim.
Specific issues may also arise regarding an employer’s right to terminate employees under the terms of an employment contract. In Kansas , the employer and employee may agree to non-termination of employment except for good cause. The employment contract may also include other requirements such as the right to reasonable notice of termination.
More recently, Kansas courts have considered additional issues regarding the scope of employment agreements. The Kansas Supreme Court has held that a non-competition agreement is an enforceable contract that restricts a former employee’s ability to work for a competitor of his former employer. In addition, the state supreme court has held that non-compete agreements signed by an at-will employee are valid if the employer provides "inducement," such as the continued employment of the employee.
In a new trend, Kansas courts are also interpreting statutes which include whistleblower provisions. The Kansas Whistleblower Protection Act permits a civil employee to bring suit against any employer who retaliates against the employee because the employee has engaged in certain protected forms of conduct. The Act provides that no employee shall be discharged or in any other manner be discriminated against because the employee did any of the following:
The public purpose of the Act is to encourage citizens to come forward and report violations of criminal laws or waste of public funds.
Kansas also has procedures in place that govern the Department of Social and Rehabilitation Services for the purpose of determining claims of discrimination in employment in the Kansas public service. The Kansas Public Service Statute prohibits discrimination in employment based on the following attributes:
An employee who seeks relief under Kansas law must show prima facie discrimination in employment. The Kansas Supreme Court requires an employee to meet the same burden of proof as is required by federal anti-discrimination statutes. In Kansas state court actions, the burden generally rests on the employee to establish by preponderance of the evidence that he or she has suffered an adverse employment action under circumstances that give rise to an inference of unlawful discrimination.
Kansas Employment At Will Doctrine
At-will Employment in Kansas means that the employment relationship is voluntary and either party can terminate the relationship at any time and for any or no reason unless some exception to the rule applies. Some common exceptions to the at-will employment doctrine include discrimination, contract claims, violation of a public policy, and/or retaliation. Examples of public policy claims include claims involving workers’ compensation retaliation, jury duty, military leave, pregnant workers, or whistle-blowing. Employers should be aware that while exceptions may exist in certain situations, many employment relationships in Kansas are presumed to be at-will unless the employer takes an overt action to convert the employment relationship from at-will without jeopardizing other defenses to wrongful termination claims.
A caveat is that Kansas employers should be wary of making representations that an employee will have a job for a certain length of time or that their performance will be reviewed after their probationary period in order to avoid an argument that the employee was provided with a contract of employment, which is not at-will.
Just Cause For Termination
Kansas is an at-will employment state. This means that, unless there is an employment contract or a collective bargaining agreement with the employee, an employer can fire an employee without giving advance notice and without providing a reason. The at-will employment rule gives employers a lot of discretion in the termination of employees and helps in cases where there are no unlawful discrimination or retaliation concerns.
Employers, however, do not have unlimited rights to terminate employees without regard to the circumstances. Termination of an employee may be considered unlawful for any number of reasons including, but not limited to:
In addition to those federal and state laws, Kansas employers also must be aware of common law claims that arise from the retaliatory firing of employees who have engaged in protected activities. Common law retaliatory discharge claims include, but are not limited to:
Kansas law (Kansas Statutes section 2150(b)) also provides that no employer shall discriminate against any of his or her employees because of the employee’s age, sex, race, national origin, ancestry, pregnancy, sexual orientation, disability, martial status, or on the basis of any of the foregoing of any member of the employee’s family.
Kansas law also prohibits discrimination by employers based upon gender and is part of a relatively new cause of action for Kansas employees. Courts have recognized a common law cause of action for gender discrimination and have held that a woman being discriminated against on the basis of gender had a viable claim against her employer for wrongful discharge.
Termination Procedures And Employer Responsibilities
Kansas is an "employment at will" state, which means that an employee serves under his or her employer’s discretion. This discretion means that in the absence of a written contract stating otherwise, an employer has the right to terminate an employee, regardless of whether that employee was performing his or her assigned duties to the satisfaction of the employer. However, even in these "at will" conditions, employers have an obligation to follow certain procedures when terminating an employee. Failure to do so can trigger claims by the terminated employee for compensation or other damages under the Kansas Wage Payment Act, K.S.A. 44-313 et seq. These procedures involve the amount of notice that must be given before terminating an employee and the payment of all sums due upon termination.
In the absence of a policy to the contrary, this is four working days. K.S.A. 44-314(a)(1) and (6). An employer may delay the termination notice for the time required to give such notice to the federal Employment Service (i.e., a state job service office), or to comply with any contractual or statutory provision providing for advance notice of termination. K.S.A. 44-314(b)(1).
Yes. K.S.A. 44-314(a)(1). The notice must be in writing and must be sent either by (1) registered mail to the employee’s most recent known address or (2) delivered personally at least four working days prior to the termination date. K.S.A. 44-314(a)(2).
If the termination is due to the employee’s discharge, an employer’s obligation to provide notification under section 44-314(a) of the act is wholly obviated, if during the employee’s continuous employment, the employee has been covered by a retirement plan , collective bargaining agreement, and/or vocational rehabilitation, and, as part of the discharge, the employer gives the employee written notice of the date his or her earnings will cease, along with the time period between the notice date and the termination date. K.S.A. 44-314(f). Thus, employees who are let go without a reason and without any severance pay are entitled to notice only.
Yes. K.S.A. 44-314(c). An employer violates the Kansas Wage Payment Act if it fails to give the proper notice. If an employer terminates without giving the appropriate notice, the employer is liable to the employee for the employee’s regular hourly wage until the notice requirement is satisfied. See K.S.A. 44‑314(d)(2).
An employer’s obligation for such payment continues for 30 working days after the employer must comply with K.S.A. 44‑314(a) or (b) and must be paid no later than the pay date for the employee’s next regular pay period following the term of employment or the time of the requested action, whichever is earlier. K.S.A. 44‑314(d)(1) and (5).
Employers in Kansas are required to issue at least one full pay period before the employee is terminated. K.S.A. 44-314(e).
If an employee is terminated without cause, the employer must pay the employee all wages the employee would have earned during the notice period, despite not being required to do so. In re Ohse, Inc., 286 Kan. 599, 646, 186 P.3d 888 (2008); K.S.A. 44-314(f).
No. K.S.A. 44-314(a)(4). This statute does not apply, however, if the employee voluntarily quits, is laid off, or is discharged for deficient job performance. See K.S.A. 44-314(e).
Yes. K.S.A. 44-314(d)(4).
Employee Rights Upon Termination
In the unfortunate event that an employee becomes terminated for any reason, his or her rights in Kansas are limited to wage payments and nothing more, unless contractual or collective bargaining agreements specify otherwise. The Kansas Department of Labor (KDOL) regulates the procedures for employees to obtain their last paycheck after termination from employment. Kansas law also provides privacy to both parties so that no termination records are made public. A couple of avenues exist, however, for an employee to obtain some remedy post-termination.
First, unemployment benefits may be asserted by the terminated employee. Unemployment payments are not linked to wrongful termination, rather they are available to an employee who is no longer employed through no fault of their own. Employees seeking unemployment benefits can do so online through the KDOL or by phone. Some common issues that may prevent payment of unemployment include: a quit without good cause; misconduct; bona fide dispute regarding the last week worked; last worked less than $20; eligibility based on severance pay; and ineligibility because of refusal of work. Many employers will contest an employee’s eligibility to claim unemployment benefits. In that case, applicants may request a hearing to challenge the determination. This includes first appealing to the administrative manager for the local unemployment office. The hearing officer may then resolve disputes and issue an initial determination. Parties aggrieved with the hearing officer’s decision can seek a review by the Kansas Commission on Unemployment Compensation. Eligibility for unemployment benefits may also require attendance at a Kansas Job Center to search for new employment.
Second, wrongful termination actions must be filed in civil court. Any claims of retaliatory discharge, explicit contract provisions, or violations of public policy must be filed in a local district court. Although rare, a wrongful termination may also be brought under federal law. A wrongful termination case typically must be filed within two years following the occurrence of the termination or employment action.
Legal Options And Remedies
Kansas offers state and federal government resources to help workers determine if they’ve been wrongfully terminated and to advise them on their potential recourse. Through the Kansas Department of Labor, wrongful termination victims can file wage claims and complaints. Kansas requires employers to pay terminated employees for used vacation time when the employer pays earned wages to the employee at the time of termination. When filing a pink slip claim, the Kansas Department of Labor recommends that workers include their personnel files for consideration.
Workers can also request an investigation into their employment through the U.S. Department of Labor, the Occupational Safety & Health Administration (OSHA) and Equal Employment Opportunity Commission (EEOC). The OSHA helps protect workers’ rights to complain about work conditions that violate worker safety laws and to take legal action if their termination happened at least in part for taking legal action.
EEOC investigations into discrimination claims begin with the filing of a charge , which can be done online and takes roughly two hours to complete. An investigator is then assigned the charge. In most charges, EEOC will gather information from both the complainant and employer. Most charges are investigated within 10 months, and about 90% of charges produce an outcome. While most charges resolve through mediation, the EEOC may decide to do a "merit finding investigation," which is a more in-depth legal investigation. Claims for retaliatory behavior are processed through the Kansas Human Rights Commission (KHRC).
A third party legal representation may also be obtained if the worker has a case against the employer. In an at-will state, wrongful termination cases can be difficult to bring. However, Kansas law does allow other claims, such as civil conspiracy, conspiracy to tortuously interfere with business relationships with other parties and retaliatory discharge in violation of the public policy doctrine.