It is important to know and understand your rights as an employer in Kansas.  Many people are intimidated and confused by the legal terms that are used to describe the relationship between employer and employee, and Kansas at will employment law is no exception.  Having an awareness of federal and state labor laws can help employers ensure they are treated fairly under the law.  If you have an employee who alleges you fired them for an illegal reason, learn how an experienced employment lawyer at Grabbe Law Office can help you with your case. Click here and someone will get back with you: https://grabbelaw.com/contact.

What is At Will Employment in Kansas?

Employment at will means that the employer or the employee can terminate employment at any time, for any reason.  An employer can legally fire an employee for many reasons, including:

●       Workplace misconduct

●       Poor performance

●       Engaging in illegal activity

●       Breaking company rules

While the idea of at will employment sounds easy enough to understand, Kansas at will employment law is much more complex.  There are several important exceptions to the employment at will doctrine, based on state and federal laws.  If an employer fires an employee for an illegal reason, the employer’s actions might constitute wrongful termination. However, if an employer fires an employee for pretty much any other reason, or no reason at all, such actions may not constitute wrongful termination.

What to watch for as Employers: Exceptions to At Will Employment in Kansas

There are many reasons for which an employer cannot legally fire an employee in the state of Kansas.  Federal and state laws protect employees from being fired based on:

●       Discrimination

●       Retaliation

●       Public policy

●       Breach of contract

The above categories are considered exceptions to the Kansas at will employment doctrine.  Any employee who was fired for any of the above reasons might be a victim of wrongful termination, and may be able to build a case against their former employer.

Wrongful Termination Based on Discrimination

According to the United States Equal Employment Opportunity Commission, federal laws generally prohibit employers from firing or otherwise discriminating against employees based on any of the following:

●       Race

●       Religion

●       Sex, including gender identity and sexual orientation

●       National origin

●       Citizenship status

●       Age (over 40)

●       Disability or genetic information

●       Pregnancy

Employers who fire employees for the reasons listed above might not be protected by Kansas at will employment laws. 

Wrongful Termination Based on Retaliation

Employers are also prohibited from firing employees in retaliation for an employee’s legally-protected actions.  Kansas at will employment laws do not protect employers from firing an employee based on:

●       Filing a complaint about workplace harassment or discrimination

●       Filing a complaint based on wage or hour laws

●       Exercising rights to take leave under the Family and Medical Leave Act, worker’s compensation, military leave, or other legally-protected time off work

●       Reporting workplace health and safety violations

●       Filing a worker’s compensation claim

Kansas laws also protect healthcare and residential facility workers who report patient abuse, neglect, or potential medical malpractice issues.

Although Kansas is an at will employment state, employers must not fire employees in retaliation for any legally-protected actions above.  Employers are also prohibited from firing employees for cooperating with investigations or providing testimony regarding claims of illegal workplace activity, workplace discrimination, or other unlawful practices.

Wrongful Termination Based on Public Policy

Another exception to Kansas at will employment law is the concept of public policy.  Public policy is the idea that employees should be able to conduct activities for the good of society, without fear of being fired by their employer.  Kansas law does not clearly define which activities are protected under public policy, but does require that the policy is established by court or legislative actions.  Examples of activities that might be protected under public policy are:

●       Voting

●       Performing jury duty

●       Refusing to participate in illegal activities

●       Reporting illegal activities

Employers who are knowledgeable about the public policy exception to the Kansas at will employment doctrine will be able to protect themselves from making a firing decision for employees who engage in the above activities.

Wrongful Termination Based on Breach of Contract

Kansas at will employment law sometimes does not apply when an employment contract exists between employer and employee.  If an employment contract specifies the terms and conditions under which an employee can be fired, the contract overrules Kansas at will employment law.  If the employer has a contract, it must abide by the terms of the contract when firing an employee, or wrongful termination may have occurred.

Even if an employee did not sign an employment contract, an implied contract may still exist under Kansas law.  Employee manuals, handbooks, or other employee resources that contain specific procedures on employee disciplinary or termination actions can be considered an implied contract in the state of Kansas.  An employer should be knowledgeable about all it’s policies so that it follows its own established procedures for firing employees. Otherwise, the employer might not be protected under Kansas at will employment law, and wrongful termination may have occurred.

Protection from Wrongful Termination Lawsuits in Kansas

Kansas at will employment law does not protect employers who engage in wrongful termination.  Employees who were illegally fired based on an exception to at will employment have a right to seek legal action against their former employers.  Legal action might help the employee attain justice through:

●       Payment of wages and benefits the employee lost as a result of being fired

●       Getting the job back

●       Punitive or other monetary damages as determined by the court

Federal and state laws may limit the amount of time an employee has to file a lawsuit against a former employer, depending on the reason the employee was fired.  Taking action promptly and consulting a lawyer when you, as the employer, catch wind of an allegation of wrongful termination helps protect your interests and your business. 

How to Get Help Defending Allegations of Wrongful Termination

BEFORE you seek to terminate the employment of a current employee, make sure that you are not seeking to terminate the employee based on one of the prohibited reasons above. If you are unsure, talk to our legal team at Grabbe Law today to learn how we can help guide you before you take action. Click here now: https://grabbelaw.com/contact If you have a former employee who is alleging wrongful termination, seek legal advice immediately. Wrongful termination cases are often legally challenging and complex.  They require an advanced understanding of federal and state anti-discrimination and at will employment laws.  To defend a wrongful termination lawsuit, the employer must build a strong case to prove that they have not violated the law.  A skilled Kansas lawyer can help you understand your rights, identify employer defenses, and take action to help you prevail against a lawsuit for wrongful termination under state and federal laws. Talk to our legal team at Grabbe Law today to learn how we can help you. Contact us at https://grabbelaw.com/contact