EMPLOYMENT LAW Please go to our Links page for many helpful employment law resources.
Frequently Asked Questions:
1.Does my business need a personnel manual?
If your business has four or more employees, you should consider establishing a personnel manual. The Kansas Act AgainstDiscrimination applies to any business employing four or more, and a well composed manual can be a first line of defense in establishing that your policy is to treat your employees fairly and equally.
2. As an employer, what does the Americans with Disabilities Act mean to me?
The Americans with Disabilities Act of 1990 is the fastest growing source of discrimination claims against employers. The ADA prohibits covered employers from discriminating against a "qualified individual with a disability" in any phase of employment, including hiring, promotion, demotion, or termination. It covers all public and private employers with 15 or more employees. The Kansas Act AgainstDiscrimination covers much of the same legal territory as the federal ADA, and applies to any employer with four or more employees.
3. As an employer, what do I need to know about sexual harassment claims?
There are two types of sexual harassment claims under federal law: "Quid pro quo" harassment is where, as an express or implied condition of employment, the employee is subject to requests for sexual favors or unwelcome sexual advances. The second, more common kind of sexual harassment claim is based on an allegation that an abusive or hostile working environment has been created by offensive and unwelcome actions or comments in the workplace. Contact your attorney for more information on this important topic.
4. If an employee quits her job, is she barred from getting unemployment insurance benefits?
The baseline rule is that an employee who voluntarily quits her job is not eligible for unemployment compensation. However, Kansas law includes a number of exceptions to this general rule, including but not limited to situations in which the employee alleges, and a fact finder agrees, that she was forced or compelled to quit in certain circumstances.
5. If an employee is fired from his job, is he automatically entitled to unemployment insurance benefits?
Not necessarily, even though the general rule is that employees who are involuntarily terminated are eligible.The most important exception to that rule is for employees terminated for "misconduct connected with the work."These five words have become some of the most litigated terms in Kansas employment law, as courts and administrative tribunals have wrestled with the character and magnitude of misconduct which should and shouldn't disqualify an employee.
The contents of this web site are for information purposes only and are not state specific or intended to convey legal advice. Readers should not act upon the information contained in this site without first seeking the advice of an attorney licensed to practice in your area.
