Are there any restrictions on firing an employee?
In Kansas, employers are generally free to fire employees for any reason, so long as it is not related to a protected characteristic, such as race, sex, color, national origin, religion, age, disability or genetic information. An employer cannot fire an employee for any of these reasons, as it would be illegal discrimination. Additionally, under the Kansas Wrongful Discharge from Employment Act, employers cannot terminate an employee for exercising their rights as defined by law, such as exercising their right to vote or serve on a jury. Employers must also be aware of a concept known as “implied contract”. An implied contract may arise from an employer’s past practice of providing job security or verbal assurances of continued employment. If an employer terminates an employee in violation of such a contract, the employee may have a legal claim for wrongful termination. Furthermore, an employer in Kansas cannot terminate an employee for refusing to violate a law or regulation, or for reporting a violation. Additionally, employers cannot fire employees in retaliation for filing or participating in a workplace investigation or for filing a workers’ compensation claim. Finally, the Kansas Open Records Act prohibits employers from firing employees in retaliation for requesting, inspecting or obtaining documents. This would include documents such as personnel files, wage statements, and health and safety records. In summary, while employers in Kansas generally have wide discretion to fire or terminate employees, there are some legal restrictions that must be followed. As such, employers should be aware of their obligations when making any decisions relating to the termination of an employee.
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