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Kansas Employment Law Questions & Answers
0 Answers | Asked in Employment Discrimination and Employment Law for Kansas on
Q: Have a question about employment law

Hi. Was just terminated due to performance. I was only under quota for 2 months and every other month I was at quota or over. Another sales rep has been under quota for 3 consecutive months and was not terminated. Don’t know how important this is but it should be noted that the manager and the... Read more »

0 Answers | Asked in Employment Law and Constitutional Law for Kansas on
Q: Can my employer tell me I can't record conversation between myself and management for my protection?

I am been harassed and discriminate at work and have notified my employer twice that I will be recorded all conversation between me and them for my protection. HR just notified that it is against policy. I read the policy twice and I feel that it referenced the recording of customer information not... Read more »

0 Answers | Asked in Employment Law, Family Law, Personal Injury and Workers' Compensation for Kansas on
Q: What defines conflict of interest when being terminated after 10+ years of employment?

I got terminated after a work place injury saying i refused a urine test i peed in a cup at the clinic the employer took me to my ex girlfriends mother was the one giving me my urine test after she was a nurse there at the time and I made sure my employer knew this woman hated me but yet they still... Read more »

0 Answers | Asked in Employment Law for Kansas on
Q: If you work through a pay period and your employer miscalculated what they owe you. How long do they have to pay you

My girlfriend is a care giver. Quite frequently she is underpaid for the hours she has worked. After the company looks and agrees that she should have been paid for more hrs that she worked. They tell her it will be added to her next pay period of work.can they make her wait longer to be paid what... Read more »

0 Answers | Asked in Employment Law, Libel & Slander, Personal Injury and Sexual Harassment for Kansas on
Q: Can an employer hack into your phone and later force you to resign with no reason?

I was employed as a church office mngr. and was forced to resign from my position late 4/2022 I’m pretty sure my employer used a software called covenant eyes to spy on me and my personal life. I had recently showed interest in a new faith based position within the church and there were several... Read more »

0 Answers | Asked in Employment Law for Kansas on
Q: What if you are misled after taking a job offer?

I was not made aware before I accept a position, that my boss was going to take 2 months off, from a maternity leave. I was told a month being in the position, I would be a store manager temporarily. The offer I accepted before I started was an assistant manager. If I would have known this would... Read more »

1 Answer | Asked in Employment Law for Kansas on
Q: Can an employer require you to stay in the building when you are clocked out for your 30 minute break?

I work for an assisted living facility when there legally must be 5 staff in the building at all times. They are mandating a 30 minute break but since they're not staffing enough employees we are not allowed to leave the building when we take our required 30 minute break. Is this legal? I was... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 16, 2022

As long as you are completely relieved from any work duties during your 30-minute break, your employer can require you to remain in the building. If, however, your employer requires you to stay in the building because your break is frequently interrupted by performing work if needed, then you... Read more »

1 Answer | Asked in Employment Law and Social Security for Kansas on
Q: My husband was just awarded SSD benefits. Now, the company that was paying his LTD wants all their money back.

SSD - Social Security Disability, LTD - Long Term Disability. Is it legal for MetLife to make him pay back their money? This was insurance that he was paying for out of his paychecks, from his former employer.

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Dec 9, 2022

Most LTD policies contain an offset provision for Social Security benefits.

Before you receive your SSDI benefits, the LTD company is paying the full benefit amount. If SSA then awards backpay for months that you were already getting the full payment amount for LTD, you generally owe them...
Read 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.... Read more »

1 Answer | Asked in Employment Law for Kansas on
Q: Should I recieve my salary while not working for 6 to 8 weeks due to sickness. I am a salary exempt employee.

I have had open heart surgery which has me out of work for 6 to 8 weeks. I have completed FMLA forms. Being a salary exempt employee should I continue to recieve my salary and benefits. I have exhausted all personal time, vacation and sick leave as well. Employer is trying to treat me as an hourly... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 7, 2022

If you miss one or more full work days, your employer can deduct this time from your pay as a salaried employee. However, your employer cannot deduct less than one full day from your pay, meaning if you work any part of a workday, you must be paid for the full day.

1 Answer | Asked in Contracts and Employment Law for Kansas on
Q: Unpaid commission.

I negotiated a new contract for my commission and it was effective immediately last month. The commission is paid this month. In the contract is states I will be paid gross parts and labor sales, however, I have only been paid gross profit on parts and labor. The contract states paid parts and... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 10, 2021

This issue sounds like a difference of interpretation in the language between you and your employer. You should contact a Kansas employment attorney to take a look at the specific language in your agreement.

1 Answer | Asked in Employment Law for Kansas on
Q: Can a supervisor take hours from you while you're on the clock
Kyle Anderson
Kyle Anderson
answered on Jun 17, 2021

Hello, more information is needed here. Are you paid hourly? The employer is required to pay you at least the minimum wage for all hours worked, and at a rate of one and one-half times your regular hourly rate for hours worked over 40. There may be an issue here if they are deducting hours in weeks... Read 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... Read 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... Read 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... Read 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... Read more »

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1 Answer | Asked in Employment Law for Kansas on
Q: Does an employer have to disclose why you failed a background check?? And is there a protocall they have to follow?

Employee was already hired. Fired them without giving any info except he failed background check..

Kyle Anderson
Kyle Anderson
answered on Dec 3, 2020

Hi, more information is needed here but it sounds like a law known as the Fair Credit Reporting Act "FCRA" is implicated here. Under the FCRA, an employer is required to provide the employee a copy of his background check (or "consumer report") and a summary of the... Read more »

1 Answer | Asked in Employment Law for Kansas on
Q: My boss fired me on payday and did not pay me for the last 3 weeks I worked. What can I do?

I have most of my recent stubs and wittnedss.

Kyle Anderson
Kyle Anderson
answered on Jun 26, 2020

Hi, an employer is required by federal law to pay you minimum wage for all hours worked. The employer is also required to pay you at an overtime premium rate of one and a half times your normal hourly rate for all hours worked over 40 in a work week. If you haven't been paid minimum wage... Read more »

1 Answer | Asked in Employment Law for Kansas on
Q: Is suspicion of drug use enough to legally be terminated?

I was not offered a drug test or any chance to defend myself, I was simply walked out of the building and that’s the last I had heard of it. This is all based solely on hearsay, no evidence or investigation at all. Just wondering if there’s any legal action I can take. Thanks!

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 17, 2020

Generally, in at-will employment states, employers may fire their employees for any reason or for no reason at all and need not provide you any opportunity to tell your side of the story. However, you may have a claim under the Americans with Disabilities Act ("ADA") here. But whether you... Read more »

1 Answer | Asked in Employment Law for Kansas on
Q: Does my employer owe me back pay? And are they taking advantage of “salary” status incorrectly?

I get paid a base “salary” (my pay checks say salary) of $545 a week. (After tax it amounts to about $450) I work 50 hours a week, no lunch. And don’t get overtime due to the “salary”, however if I miss a day, I am docked over $100 per day missed in that week. Can they do that? Also as of... Read more »

Kyle Anderson
Kyle Anderson
answered on Apr 8, 2020

I would reach out to an employment law attorney in your state for a consultation. In 2020, the Fair Labor Standards Act changed and required employers to pay employees a salary of at least $684 per week. In some circumstances, employers can deduct from your salary for a full day of work that was... Read more »

1 Answer | Asked in Employment Law for Kansas on
Q: I am a salaried employee. Can an employer require me to stay on their property to sleep without paying me for it?

I work in an agency that provides services to individuals with developmental disabilities. One of the positions I supervise requires the staff to sleep in the house off the clock. Usually the person who works this position is an hourly employee. If I can not find someone to work an opening I am... Read more »

Kyle Anderson
Kyle Anderson
answered on Mar 4, 2020

More information is required for a full analysis of your situation, thus, I would recommend reaching out to an employment law attorney in your state. However, the employer would not be required to pay you extra for the sleep time if you are properly classified as a salaried employee. An hourly... Read more »

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... Read 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.... Read more »

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