When is a Job Termination Considered Wrongful in Kansas?
Most employment in Kansas considered to be "at-will". This means that either the employer or employee can terminate the employment at any given moment, and for any reason. The only exception to this are reasons that the law has specifically outlined as impermissible to use as a basis for employee termination.
Employment not falling in the "at will" category is subject to different limitations and requirements, so you should be sure to learn the classification of your work setup. Arrangements for employment that are under a set term contract are not "at will", and may only be terminated according to the clauses contained in the agreement.
What are the Illegal Grounds for Terminating At Will Employment in Kansas?
The most common illegal ground for terminating a Kansas employee is discrimination. An employer cannot terminate an employee simply for being of a certain race, nationality, religion or gender. A Olathe employer also is prohibited from terminating at-will employees as a method of retaliation if the worker has sought an investigation into discrimination or has filed a legal claim for discrimination against the employer.
Further, the Family and Medical Leave act makes it illegal for employers to terminate any of their employees who have taken leave based upon family or medical needs. Lastly, employers cannot fire employees who are simply exercising a legal right, performing an obligation under law, or refusing to do an illegal act.
Do I Need a Kansas Attorney for My Wrongful Termination Case?
A local Olathe, Kansas attorney can better inform you about whether a wrongful termination has occurred, and will also help in gathering the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.
