KANSAS EMPLOYMENT LAW
Employment Law, or Labor Law as it is also commonly known, covers a multitude of issues involved in the employer-employee relationship including discrimination at the workplace, wages and hours, wrongful termination, health and safety, sexual harassment, hiring and termination and disability law. The Kansas Department of Labor handles employment law claims and complaints.
It is recommended that you hire a Kansas employment lawyer if you seek to file a case for discrimination, wrongful termination and/or sexual harassment because these cases can be incredibly complicated and can necessitate the collection of a great deal of evidence. But, having an employment attorney at your side is generally a good idea if you have questions about your case.
Why Hire A Kansas Employment Attorney?
Wrongful termination and employment law cases in Kansas are based on a complicated connection between federal and state law that needs to be meticulously investigated and convincingly argued for success in your case. A Kansas employment lawyer can help you formulate and file a complaint for discrimination, fight against your wrongful termination, file a claim for wages, and/or help you decide if it is worth the time and money required to file your claim. Additionally, a claim for wrongful termination can be challenging for a worker to handle because it requires that he communicate and deal with his prior employer, which can be stressful. A Kansas wrongful termination attorney can handle the communications that must be made with the worker’s former employer.
A Kansas employment lawyer can also help you keep track of deadlines and file a claim if you want to file a claim with the Kansas Department of Labor, and explain your benefits and rights under Kansas employment law.
Wrongful Termination in Kansas
Under Kansas employment law, all employment is “at will” unless otherwise specified in an employment contract. When employment is "at will," a worker can leave his or her job at any time, and an employer can terminate an employee at any time, for any reason (or no reason) so long as the reason is not illegal. If the worker has an employment contract and this contract lists specific reasons for termination, he or she can only be terminated for reasons listed in the contract.
When an employer terminates a worker for an illegal reason, it is considered "wrongful termination." Direct your wrongful termination questions to a Kansas wrongful termination lawyer. The following reasons for terminating a worker in Kansas are illegal:
Federal and Kansas state law forbid discrimination in employment and the termination of someone for a discriminatory reason. For instance, if someone is not hired or is fired because of his or her disability or age, but otherwise has the required experience for the position, his or her termination is against the law. If pregnancy is seen by the worker’s employer as a disability, the pregnancy cannot be the reason for the employee’s termination. It is also considered wrongful termination to terminate someone because of his or her sex, race, national origin, or religion. If you think you have been terminated for a discriminatory reason and that you have a claim for wrongful termination, get in touch with a Kansas wrongful termination lawyer.
Employee Wage/Hour Concerns in Kansas
In Kansas, the minimum wage is the same as the federal minimum wage, which is $7.25 an hour. Wages must be paid at least once a month on regular pay days about which you have advance notice. If your employer fails to pay you for your work on time or at all, you should contact a Kansas employment attorney about filing a "Claim for Wages" with the Kansas Department of Labor.
In Kansas, if you work more than forty hours a week, any hours worked over forty are considered overtime hours and entitle you to time-and-a half pay. Federal law, in the Fair Labor Standards Act and enforced by the United States Department of Labor, Wage and Hour Division mandates that overtime pay is time-and-a half the amount of the employee’s normal hourly wage.
Speak to a Kansas employment attorney if you are not sure how to go about filing a claim for unpaid wages or overtime, or if you have questions about the process.
Kansas Employment Benefits
At their discretion, Kansas employers may provide paid sick leave, vacation time, health insurance, and life insurance for their employees. But, such benefits are not mandated by Kansas law. Kansas law also does not require that workers be given meal or rest breaks. Additionally, Kansas disability law does not require short term disability or paid maternity leave. Kansas employees are, however, entitled to the twelve weeks of unpaid maternity leave provided by the federal Family and Medical Leave Act (FMLA).
According to Kansas disability law, injuries or illnesses that occur at or are connected to a worker’s place of employment are compensable in varying amounts dependent on the categorization of the disability. However, as previously stated, short-term disability is not available for the injuries or illnesses suffered by workers outside of the workplace and unrelated to their occupations.You should contact a Kansas workers’ compensation lawyer if you think you have a claim for workers’ compensation benefits.
Kansas Employment and Labor Law Statutes