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Kansas Employment Discrimination Questions & Answers
Q: I requested FMLA after a serious documented hand injury at work that resulted in work comp and physical therapy & Ortho

This was my companys response below , should i leave and sue ?? Are there any grounds to sue Nd can they make me work

Hi john,

There is a process to FMLA. I have your request in writing however I cannot approve FMLA until I have paperwork from your physician.

I can get... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

From what you’ve described, it seems your company is following the standard FMLA process by requiring paperwork from your physician before approving your leave. This is pretty typical, as FMLA approval hinges on documented medical necessity. They’re giving you a chance to submit the necessary... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Kansas on
Q: i recently quit a job and im afraid they are going to hold my check because they are trying to accuse me of stealing...

money from them but have absolutely no proof.

Scott C. Stockwell
Scott C. Stockwell
answered on Aug 4, 2022

The Kansas Department of Labor enforces wage and hour laws in Kansas. Generally speaking, an employer cannot withhold wages for a purpose other than tax, Social Security, and Medicare withholdings or a garnishment pursuant to a court-ordered judgment without an agreement with the employee.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Kansas on
Q: My employer fired me out of retaliation and disability discrimination, can I win without exact dates of incidents?

I was fired in retaliation. My manager made my work environment hostile and uncomfortable. Every time I tried to talk to her to see what I could to improve things, I found myself being written up not to long after for attendance. I told her that I had depression and anxiety from day one. and that... View More

Kyle Anderson
Kyle Anderson
answered on Jan 14, 2021

Hi, more information is needed here. Your depression and ADHD may qualify as a disability under the Americans with Disabilities Act. It would be unlawful for your employer to discriminate against you on the basis of your disability (if it qualifies) or terminate you in retaliation requesting an... View More

3 Answers | Asked in Civil Litigation, Employment Discrimination and Employment Law for Kansas on
Q: Employment and Covid related laws in the state of Missouri

It was within my 90 days probationary so I’m probably screwed but there was a number of days that I was out due to either quarantine order and childcare being closed due to Covid and I am I was told the entire time that nothing Covid related would count against me I was reassured and then they... View More

Kyle Anderson
Kyle Anderson
answered on Dec 31, 2020

Does your employer have less than 500 employees? The Families First Coronavirus Response Act requires employers with less than 500 employees to provide to all employees two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Kansas on
Q: Can a Kansas employer use bonuses to make up the required $684 a week required by law to salaried employee?

I am making 656 a week instead of the 684. My employer has told me that we get two bonuses a year and those bonuses are usually the equivalent of a full pay check and as long as they pay me the minimum 35,568 annually they are legally fine. Is this legal that everyone gets a bonus but only two... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 4, 2020

Under the Fair Labor Standards Act, if an employee receives non-discretionary bonuses or other incentive payments at least once per year, then the employer can count those payments towards the employee’s weekly salary to determine whether the salary basis test of at least $684 per week is met.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Kansas on
Q: I got let go while on leave after having a 2 seizures at work

I had a seizure my first week employed went 6months without one then had 2 had one with then 3 days went back with a doctor note had one that same night i went back got put on leave then i was let go havent been back. What should i do?

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 31, 2019

You may have a claim for disability discrimination under the Americans with Disabilities Act (ADA), but this largely depends on the required job duties for your position. To assert a successful ADA claim, you must be qualified for your job, meaning you must have been able to perform the essential... View More

0 Answers | Asked in Employment Discrimination for Kansas on
Q: Can an employer require applicants to be vegetarian or vegan?

After passing through the first interview with the recruiter I am told the company (a PETA-like nonprofit) has decided to focus on candidates how are vegetarian or vegan. The feel it would allow the candidate to "fit in better with the organization, and they would feel the pull of the mission... View More

1 Answer | Asked in Criminal Law and Employment Discrimination for Kansas on
Q: If I successfully completed diversion for a criminal misdemeanor in Kansas back in 2011, am I still convicted?

I was convicted of a Class B Misdemeanor in February of 2011 in the State of Kansas. I was arrested for getting into a car that wasn't my own. I was awarded diversion since it was my first criminal offense. That said, I'm currently filling out a contractor application for FDIC, and... View More

Michael Duma
PREMIUM
Michael Duma
answered on Aug 15, 2017

If you successfully completed diversion and your case was dismissed then the answer is no, you do not have any convictions.

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