Employee Discipline: Kansas

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Jason Janoski and Alan L. Rupe, Kutak Rock LLP

Summary

• State civil service employees enjoy protection under the Kansas Whistleblower Act. The Act protects not only retaliatory discharge, but any retaliatory action. See Whistleblowing and Other Retaliation Concerns; Kansas Whistleblower Act.
• Kansas whistleblowers also have court-made, or common law, protections when reporting infractions of rules, regulations or the law pertaining to public health, safety and the general welfare. See Whistleblowing and Other Retaliation Concerns; Whistleblower Protection.
• Kansas courts have offered protection to employees who have been retaliated against under the workers' compensation public policy exception. See Whistleblowing and Other Retaliation Concerns; Workers' Compensation Protection.
• Under the Kansas False Claims Act, only the Kansas Attorney General may initiate an action based on illegal retaliation. See Whisteblowing and Other Retaliation Concerns; Kansas False Claims Act.
• Kansas law protects victims of domestic abuse or sexual assault, members of the military and volunteer emergency service providers from discriminatory disciplinary measure regarding attendance. See Attendance.
• Kansas employees are protected by the Kansas Constitution from unreasonable government searches. See Employer Searches and Employee Privacy.
• A Kansas employer may discipline employees for certain lawful off-duty conduct. See Lawful Behavior Outside Work.
• Smoking is prohibited in places of employment. See E-Cigarettes and Tobacco Use.
• A Kansas employer may prohibit the use of illegal drugs and alcohol in the workplace. See Drug and Alcohol Use.
• Kansas employers may make an employment decision about an employee based on knowledge of that employee's criminal record. See Criminal Behavior.
• Kansas is a one party consent state with respect to recording meetings. See Recording Meetings.
• Kansas courts enforce restrictive covenants to protect an employer from unfair competition. See Noncompete Agreements.
• Kansas law recognizes the claim of defamation. See Defamation Concerns.
• Kansas law protects employees from employers who prevent or attempt to prevent a terminated employee from obtaining future employment. See Blacklisting Prohibition.
• Kansas law provides for a specific disciplinary process for classified Kansas state employees See Discipline of Certain State Employees.