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Kansas Wrongful Termination Laws
Kansas has legislated a number of specific supplemental statutes in addition to the federal protections already in place regarding wrongful termination. The federal laws, Labor Standards Act of 1938 as well as the Civil Rights Act of 1964, cover basic protections, which state statutes include some more local and detailed legislation. All states, including Kansas, are now “at will” employment states, which means that employees and employers both have the right to terminate employment for any reason other than those specifically spelled out in federal and local laws. Kansas has state agencies which will assist employees who believe they have been terminated unlawfully.
Kansas’s Specific Labor Laws
Supplemental discrimination and wrongful termination laws in the state of Kansas include the following:
|
Benefit |
State Law |
Additional Benefits |
|
Right to Work |
Yes |
|
|
State Minimum Wage |
For employers not covered by FLSA; $2.65 |
Maximum tip credit 40%; minimum wage for tipped employees $1.59 |
|
State Military Leave |
Yes |
Unlimited leave for state military forces called to active duty, as well as guaranteed reinstatement and full benefits unless disabled, then entitled to comparable position, seniority, and benefits; employee has 72 hours to report after completion of service or recovery from injury/illness; 5 to 10 days leave/year for training |
|
Jury Duty |
Yes |
Unpaid leave for permanent employees; job, seniority, or benefits are guaranteed |
|
Voting |
Yes |
Paid leave for up to 2 hours combined with nonworking hours, if necessary; employer decides leave hours, but not during break periods |
|
Garnishment |
Yes |
For child or spousal support, fees of $5/pay period or $10/month, whichever is less; no retribution for garnishment of any kind |
|
State Family & Medical Leave |
No |
|
|
Arrest & Conviction Records |
Yes |
Employer cannot require employees to inspect or challenge a record in order to review it themselves; employer may require applicant to sign release so they can review record to screen employee; Certain businesses can require access to criminal records |
|
Discrimination |
Yes |
4 or more employees; age (18 or older); national origin; disability (physical or mental), HIV/AIDS; gender; race; religion; genetic testing; military status |
|
Whistleblower |
Yes |
Public, permanent, & classified employees can appeal to state civil service board, courts, or administrative hearings within 30-day statute of limitations; unclassified employee can file civil suit within 90 days; remedies include reinstatement, back wages, reasonable attorney’s fees, & witness fees. |
|
Plant Closings |
Yes |
Certain employers (public utilities, transportation, manufacture/ transportation/ preparation of food products/clothing; fuel mining/ production) need state Secretary of Labor approval to limit or discontinue business operations. |
*These laws change often, so consult local statutes for the most up-to-date information.
Kansas Discrimination Laws
While Kansas does not generally allow victims of discrimination to file private lawsuits against their employers, the state EEOC office and office of Human Rights Commission are tasked with pursuing claims on behalf of those employees suffering discrimination because of race, color, religion, sex, or national origin contrary to federal laws, and supplemental state laws, as well, according to these procedures:
- State agencies are primarily responsible for enforcement, administration, and investigation of wrongful termination claims due to discrimination.
- The state does not allow employees to privately pursue discrimination claims.
- Employees are not permitted to recover attorney’s fees from a defendant.
- The statute of limitations for discrimination claims is 300 days.
Filing a Claim for Wrongful Termination
The Kansas office of the EEOC and the Kansas Human Rights Commission will assist employees who have been wrongfully terminated according to either federal or state laws, by investigating those claims, attempting to mediate a settlement, and filing a lawsuit on the claimant’s behalf when appropriate.
Legal Remedies for Wrongful Termination
- Remedies vary depending on the discrimination or wrongful termination; however, some of the possible solutions include the following:
- Reinstatement; and reinstatement of seniority and benefits
- Back pay
- Compensation for stress and suffering
- Mandated policy changes to protect other employees in that company
- Possibly court costs and attorney’s fees
- Punitive damages to prevent further abuses by the employer
Kansas imposes some specific additional penalties in the following areas:
Jury duty – may be liable for back wages and benefits, attorney’s fees, damages, and reinstatement
Garnishment – for refusal to comply with child support withholding requests, fines of up to $500
Whistleblower – for permanent, classified officer, penalties include suspension without pay for 30 days; for willful/repeated violations, may require resignation or disqualification for state officer for up to 2 years
While employees are required to file wrongful employment claims through state agencies and offices, these can be difficult cases to pursue. Any employee filing such a claim may find additional help and guidance from an employee rights attorney who is skilled is these areas and may have additional avenues to help them follow.
Local Resources
EEOC Regional Offices
Kansas City Area Office
4th & State Avenue, 9th Floor
Kansas City, KS 66101
913-551-5655 or 800-669-4000
TTY: 913-551-5657 or 800-669-6820
FAX: 913-551-6957
Human Rights Commission
Topeka, KS
785-296-3206
www.khrc.net