Wrongful Termination | Sexual Harrasment | Discrimination
Kansas Law provides, if you are terminated for an unlawful reason you may be entitled to recover damages. If you have been fired because of the following you may be entitled to monetary damages.
- sex, national origin, disability, sexual orientation, race, religion, or another protected classification
- opposing an unlawful activity; or refusing to enter an unsafe workplace.
- denied overtime, rest breaks, or lunch breaks;
- needing an accommodation; pregnancy; or medical leave;
- marital or family status;
- refusing to sign an unlawful non-compete clause; or
- serving jury duty
Kansas employment relationships for the most part are "at will." At will employment means that the employer and/or the employee may terminate the employment relationship for any reason, with or without cause at any time. The exception, as stated above, is when there is some unlawful motivation or retaliatory reason for the termination. It is when the conduct violates the law, or a contract between the employer and the employee that there is liability.
An employment contract that has specific terms (number of years, etc) or certain conditions that are to be met, and when that contract is breached, (the person is fired before the specified term, or the conditions are not met), this may provide a claim of wrongful termination.
Wrongful termination has another form called constructive wrongful termination. This is when the employee is not fired but quits because the conditions are so deplorable and/or they have been forced out or left no option. Employment law states that if conditions are so severe that a reasonable person could not consider continuing to work in the environment, then a person may quit and seek damages for lost wages. Case law recognizes that employees can’t quit and sue after a simple incident of harassment or because a condition is less than perfect. Employees are expected to use any available reporting method to resolve employment issues before quitting. Failure to try and remedy the situation before quitting may prevent an employee from being successful with their lawsuit. If an employee has complained and/or requested relief, and nothing changes, or it gets worse, an employee may quit and seek compensation for lost wages. There are limited time periods within which you may bring a claim for wrongful termination. All complaints and efforts to get relief from the conduct should be well documented. We can provide a free evaluation of your case.