Employers and employees in Kansas must understand important legal considerations when terminating employment. This guide provides an overview of key laws and regulations governing the termination process, helping all parties understand their rights and obligations.
By staying informed about these legal requirements, individuals can approach termination decisions with greater confidence, reducing the likelihood of legal disputes and promoting a fair and lawful process for everyone involved.
This Guide Covers
Legal Considerations for Termination in Kansas
At-Will Employment in Kansas
- What is At-Will Employment?
- What are the Exceptions to At-Will Employment in Kansas?
- Employment Under Contract in Kansas
Lawful Termination in Kansas
Legal Protections During Termination in Kansas
Terminated Employee Benefits in Kansas
Layoffs in Kansas
Resignations in Kansas
Legal Cases Related to Wrongful Termination in Kansas
Legal Considerations for Termination in Kansas
Kansas employers must consider important legal factors to ensure that termination is lawful and compliant. Here are some important points to take into consideration:
- Discrimination Protections: Employers cannot terminate employees based on protected characteristics such as race, color, religion, sex, national origin, age, or disability. Employers can avoid discrimination claims by properly documenting the business reasons for termination.
- Retaliation Protections: Kansas law protects employees from retaliatory termination when they participate in protected activities. This includes acts like filing a lawsuit, whistleblowing, or being part of an investigation related to employment rights. Employers need to make sure that any termination is grounded in legitimate business reasons and not as a response to the employee’s involvement in these protected activities.
- Notice Requirements: Kansas follows the federal Worker Adjustment and Retraining Notification (WARN) Act, requiring employers with 100 or more full-time employees to provide 60 days’ notice in cases of mass layoffs or plant closures.
- Final Paycheck: Employers must pay terminated employees their final wages by the next scheduled payday.
At-Will Employment in Kansas
What is At-Will Employment?
Kansas follows the at-will employment principle. This means that either party can end the relationship at any time, for any reason, without needing to provide notice. However, there may be exceptions under specific agreements.
What are the Exceptions to At-Will Employment in Kansas?
While Kansas adheres to the at-will employment principle, several exceptions exist to protect employees from unjust terminations. These exceptions include:
- Public Policy Exception: An employee cannot be terminated for reasons that contravene public policy. This includes being fired for refusing to engage in illegal activities, carrying out a legal duty, such as serving on a jury or exercising a legal right or privilege.
- Retaliation: Employees in Kansas are protected from termination if they are dismissed in retaliation for participating in legally protected activities, such as reporting workplace violations or taking part in investigations.
- Discrimination: Termination based on race, color, religion, sex, national origin, age (40 or older), or disability is prohibited under federal and state laws.
- Breach of Contract: If an employee has an employment contract, whether written, verbal, or implied, that outlines specific conditions for termination, dismissing the employee in violation of those terms can result in a wrongful termination claim.
Employment Under Contract in Kansas
Employment under contract in Kansas occurs when both parties enter a formal agreement. This contract outlines the terms and conditions of the employment relationship. These contracts provide specific protections and obligations for both parties, extending beyond the flexibility of at-will employment.
Typically, a Kansas employment contract will cover key elements such as:
- Compensation: The salary or wage the employee will receive for their work.
- Job Responsibilities: A detailed description of the tasks and duties the employee is expected to perform.
- Work Schedule: The agreed-upon working hours, including any expectations for overtime.
- Employee Benefits: Information on benefits such as health insurance, retirement plans, and paid time off.
- Company Guidelines: The policies and procedures the employee must adhere to.
- Grounds for Termination: The specific reasons or circumstances under which the employment can be ended.
If either party fails to meet their contractual obligation, it could lead to a breach of contract. The non-breaching party may seek legal remedies, including enforcing the contract or pursuing damages for losses incurred due to the breach.
Lawful Termination in Kansas
Legal Grounds for Termination in Kansas
In Kansas, employment operates under the at-will employment rule, which permits employers to terminate employees at any time for any legal reason or even for no reason at all. Even with at-will employment, termination decisions must comply with legal standards. This ensures protection against wrongful termination claims. Below are the primary legal grounds for lawful termination in Kansas:
- Performance Issues: Employers can lawfully terminate employees who consistently fail to meet performance or productivity expectations, despite receiving feedback and opportunities for improvement.
- Misconduct: Acts of misconduct such as theft, fraud, or violence that harm the company or breach ethical standards are valid reasons for dismissal.
- Violation of Company Policies: Breaching company policies, especially those related to confidentiality, workplace conduct, or safety, can justify termination.
- Layoffs: Terminations due to economic challenges, business restructuring, or redundancy of positions are legal as long as the selection process is non-discriminatory and fair.
While these reasons provide a legal basis for termination, employers in Kansas must confirm their actions don’t violate anti-discrimination laws, retaliate against employees, or breach any contractual obligations.
For more details, check out our complete guide to firing employees in Kansas.
How Do I File a Wrongful Termination Claim in Kansas?
To file a wrongful termination claim in Kansas, it’s important to determine whether the termination was unlawful in the first place. Common reasons include discrimination, retaliation, public policy violations, or breach of contract. Evidence such as employment contracts and relevant communications should be gathered to support the claim.
Employees can file a complaint with the Kansas Human Rights Commission (KHRC) for state-level claims or the Equal Employment Opportunity Commission (EEOC) for federal claims. These agencies have a work-sharing agreement, making it possible to file with either for overlapping coverage.
Legal Protections During Termination in Kansas
Kansas employment laws provide specific protections during the termination process:
- Kansas Act Against Discrimination (KAAD): The Kansas Act Against Discrimination applies to employers with four or more employees. It prohibits termination based on race, religion, color, sex, disability, national origin, or ancestry.
- Title VII of the Civil Rights Act of 1964: Title VII of the Civil Rights Act of 1964 is a federal law that safeguards employees from termination based on race, color, religion, sex, or national origin. This law applies to employers with 15 or more employees. It addresses all areas of employment, including hiring, termination, promotions, wages, and other job conditions.
- Age Discrimination in Employment Act (ADEA): This federal law, known as the Age Discrimination in Employment Act, protects employees aged 40 and older from discrimination in the workplace, including in termination decisions.
- Americans with Disabilities Act (ADA): The Americans with Disabilities Act prohibits discrimination against qualified individuals with disabilities.
- Family and Medical Leave Act (FMLA): The Family and Medical Leave Act provides eligible employees with up to 12 weeks of paid or unpaid leave for reasons such as the birth or adoption of a child or serious health conditions affecting the employee or a close family member. It also provides up to 26 weeks of leave for military-related reasons.
- Kansas Whistleblower Act: The Kansas Whistleblower Act protects employees from retaliation if they report illegal activities or violations of public health and safety regulations. Employers must ensure that they do not let retaliatory motives influence termination decisions.
- Kansas Wage Payment Act: Under the Kansas Wage Payment Act, employers must pay any remaining wages to terminated employees by the next regular payday. Non-compliance can lead to legal consequences, including claims for unpaid wages.
- Worker Adjustment and Retraining Notification (WARN) Act: The Worker Adjustment and Retraining Notification Act, a federal law, requires employers to provide a 60-day notice in cases of mass layoffs or plant closures.
Terminated Employee Benefits in Kansas
When an employee is fired in Kansas, they may be entitled to certain benefits and rights, depending on their employment situation:
- Final Paycheck: According to K.S.A. 44-315, upon termination, employees must receive their final wages by the next regular payday. This includes any earned wages and unused vacation leave. Employers who willfully fail to comply can face penalties.
- Unemployment Benefits: Terminated employees may qualify for unemployment benefits through the Kansas Department of Labor. This applies if they meet eligibility requirements.
- COBRA Health Coverage: Terminated employees can continue their group health insurance coverage for up to 18 months under the Consolidated Omnibus Budget Reconciliation Act (COBRA).
- Employee Assistance Programs (EAP): Some employers may offer access to Employee Assistance Programs after termination, providing counseling and support services.
Layoffs in Kansas
Layoffs in Kansas happen when businesses face challenges like financial strain, restructuring, or mergers, often leading to workforce reductions. Unlike firings, layoffs are not due to individual performance but rather broader business needs. Employers must conduct layoffs fairly, following non-discriminatory criteria such as the duration of service or job roles.
Businesses may lay off employees temporarily or permanently, allowing for reemployment if conditions improve. Compliance with the federal Worker Adjustment and Retraining Notification Act is mandatory for large layoffs. This federal law requires employers to give 60 days’ notice for plant closings or mass layoffs under specific conditions and allow employees time to prepare and seek alternative employment.
Resignations in Kansas
Resignations in Kansas occur when employees leave their jobs for various reasons such as relocating, pursuing new opportunities, or addressing personal needs. Although many provide notice before leaving, Kansas’s at-will employment laws allow both employers and employees to terminate the relationship at any time without prior notice.
Voluntary resignation happens when employees decide to quit for personal or professional reasons, such as dissatisfaction with their current role. Conversely, involuntary resignation, also known as constructive discharge, occurs when employees feel compelled to resign due to hostile working conditions like harassment or significant negative changes in their job. In such cases, the resignation is treated legally as if the employer initiated the termination.
Under both the Kansas Act Against Discrimination and Title VII of the Civil Rights Act, employees in such situations may have grounds to file a constructive discharge or wrongful termination claim, particularly if the resignation was due to discriminatory practices or harassment.
Legal Cases Related to Wrongful Termination in Kansas
1. $56,000 Settlement for Retaliatory Termination in EEOC v. Philips Lighting
One notable example of wrongful termination in Kansas is the case of Equal Employment Opportunity Commission (EEOC) v. Philips Lighting. Jake Velasquez, a security guard at Philips Lighting, was terminated after the company discovered that he was the grandson of a former employee who had previously sued Philips for discrimination. Despite having no involvement in his grandfather’s lawsuit, Velasquez was dismissed in retaliation. The EEOC filed a lawsuit on his behalf, leading to a $56,000 settlement and a revision of Philips’s retaliation policies to prevent future violations.
Key lessons learned from the case:
- Employers need to ensure that termination decisions are made on legitimate grounds. They should carefully document all employment decisions and ensure terminations are free from personal biases or external influences. Velasquez’s case highlights the importance of making termination decisions solely on objective, lawful grounds, avoiding factors unrelated to the employee’s performance or role.
- Engaging in retaliatory termination, even indirectly involving family members, can lead to significant financial settlements and legal challenges. Ensuring compliance with anti-retaliation laws is critical to avoiding both financial losses and reputational damage.
2. $300,000 Award in Goico v. Boeing Co. for Discrimination and Retaliation Claims
Though the Goico v. Boeing Co. case doesn’t involve termination, it serves as a powerful example of how discrimination and retaliation can have serious consequences. Mario Goico, a Boeing engineer of Cuban descent, sued the company for age and national origin discrimination after being passed over for a test pilot position. At the time, Goico was 58 and had over 26 years of experience. His retaliation claims stemmed from being denied job opportunities following his complaint, leading to a jury award of $300,000 in damages.
Key lessons learned from the case:
- Discrimination in promotions, particularly based on age or national origin, can expose employers to legal repercussions. It’s important to ensure that promotion decisions are based on fair and lawful considerations.
- Retaliation against employees who file complaints, even when it does not result in termination, can still lead to significant financial penalties. Fairness and transparency in employment practices are key to avoiding costly lawsuits and maintaining a respectful workplace environment.
Learn more about Kansas Labor Laws through our detailed guide.
Important Cautionary Note
This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.
