After experiencing an unlawful termination, you may be wondering what your legal rights are and how you can negate the negative affects you have experienced.
If you suffered a wrongful termination in Kansas, you may be able to pursue a court case against your former employer. Being wrongfully fired from a job can constitute your ability to file a claim and ask for compensation for your lost income.
- Types of Illegal Termination in Kansas
- Types of Legal Termination in Kansas
- At-will Employment Exceptions in Kansas
- File a Discrimination Charge with the Equal Employment Opportunity Commission in Kansas
- File a Lawsuit Against Your Employer in Kansas
What is a wrongful termination and how is it different from regular termination? Being wrongfully fired from jobs arises when an employer violated laws by terminating employees. A wrongful dismissal occurs when an employer discriminates or retaliates against an employee by firing him or her.
If you were wrongfully terminated from jobs, it can be hard to get back on your feet professionally and financially. After an unlawful termination, you have options to seek compensation and justice through the court system.
Kansas Unemployment Resources
Types of Illegal Termination in Kansas
Reviewing the types of illegal termination of employment can help you to figure out if your firing was against the law. Types of unlawful terminations in KS are discriminatory firings based on employee characteristics such as gender, age or nationality. Additionally, types of unlawful terminations from employment occur when an employer fires an employee due to disability, veteran status or the religion he or she practices.
If one of these types of illegal dismissal of employment applies to your situation, you have legal grounds to pursue a claim. When employers commit one of these types of illegal firing, the company should face the proper consequences for breaking an employment law. Once you analyze these types of illegal terminations in Kansas, you may be able to pinpoint your cause of action for filing a case against your former employer.
Types of Legal Termination in Kansas
When there are legal reasons for terminating employees in Kansas used by an employer, you cannot successfully pursue a claim. Types of legal termination of employment you might experience include being firing due to poor performance or a dismissal at the end of a contract.
Your employer also used one of the types of legal termination in Kansas if you were let go due to a layoff or the closing of the business. These types of legal firing in KS make you ineligible to claim wrongful termination in a court of law.
If you suspect your employer, unfortunately, used one of these types of legal dismissal of employment there is no claim to pursue.
At-Will Employment Exceptions in Kansas
What is employment at will? Is Kansas an at will state? There are at will employment exceptions in Kansas but the at-will employment law is still under observation in the state. The at-will law allows an employer or employee to terminate their working agreement at any time, if they claim a legal reason for doing so.
The state recognizes certain exceptions to at will employment in KS as additions to the law. The public-policy exception prohibits an employer from firing an employee if the dismissal violates a public policy. The implied-contract exception makes it illegal for employers to terminate employees if there is a contract in place, even if the contract is not officially in writing.
One of the at will employment exceptions not observed in Kansas is the covenant of good faith and fair dealing exception, which forces employers to always act without malicious intent and in good faith when interacting with employees.
File a Discrimination Charge With the Equal Employment Opportunity Commission in Kansas
Learning how to file a charge of employment discrimination is important for a smooth and quick process. Filing a charge of discrimination in Kansas needs to be completed within 180 days of your firing and can be done by phone, online, or in-person at the Kansas City district office.
To file a wrongful termination discrimination charge against a workplace with over 15 workers, you will need to submit a claim to the Equal Employment Opportunity Commission (EEOC). If your company has less than 15 workers, file the claim with the Kansas Human Rights Commission (KHRC) since it involves a state law.
You should not only research how to file an EEOC employment discrimination claim in KS, but also the process after submitting the claim. The EEOC will decide whether your claim is valid and notify you of their findings. If valid, the agency may suggest mediation, which can take an average of three months to complete.
When you file a wrongful termination discrimination charge, the EEOC will work hard to find a solution without involving the court system. If mediation does not work, the EEOC may move on to attempting a voluntary settlement between you and your employer. The EEOC will grant you the Notice of Right to Sue if none of these attempts at settlement are successful for the agency.
File a Lawsuit Against Your Employer in Kansas
You can file lawsuit against employers for wrongful termination once EEOC grants you the Notice of Right to Sue. Navigating the process for how to file a wrongful termination lawsuit may be easier with the expertise and assistance of a lawyer. Before filing a wrongful termination claim against employer, you should work with an attorney to identify the discrimination or retaliation you experienced.
When you file a lawsuit against your employer in Kansas, you will need to provide sound evidence that proves your case, such as documentation of events, witness accounts and employment records. If you are questioning, “Can I file a lawsuit for wrongful termination?” you may want to review your case with an employment lawyer first. Suing for wrongful termination in Kansas can only be successful if you can demonstrate to the court how your former employer violated the law.