Lawyers, Answer Questions  & Get Points Log In
Kansas Employment Law Questions & Answers
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 »

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... Read more »

1 Answer | Asked in Employment Law for Kansas on
Q: I was let go from my job after having a seizure while my job put me on leave my doctor said i would need accomidations

I had a seizure 3 days before went back that night with a note went on the floor and had another seizure havent been back since

Kyle Anderson
Kyle Anderson answered on Dec 30, 2019

A medical condition that qualifies as a disability under the Americans with Disabilities Act are protected from discrimination. A termination based on a qualifying disability would be unlawful. However, more facts about your situation are needed. I recommend reaching out to an Employment Law... Read more »

1 Answer | Asked in Contracts and Employment Law for Kansas on
Q: I signed a contract with a former employer when I changed my availability they let me go. The contract states if I quit

I owe them the money it cost to train me. Are they allowed to withhold my paycheck?

Scott C. Stockwell
Scott C. Stockwell answered on Mar 7, 2018

Employment agreements sometimes provide that, if a benefit is afforded at the early stage of the employment, and an employee leaves before having reached a certain anniversary, that the employee would repay the expense incurred for the benefit. Your question implies that your... Read more »

1 Answer | Asked in Business Law, Contracts and Employment Law for Kansas on
Q: Can use a picture of my work thru one company and use it for my own company website.

I have a picture of a yard that i maintained for a mowing company. I now have my own mowing company and mow for myself. Can i use that same picture of my work for that company and put it on my website

Rick Davis
Rick Davis answered on Apr 27, 2017

Who took the picture? When was it taken. If you did not take the picture than you can not use it without permission. If you did take the picture, but took it as an employee of the other company, they likely also have the rights to the picture as "employee work product."

You...
Read more »

1 Answer | Asked in Employment Law for Kansas on
Q: Do I have a shot at a wrongful termination suit?

I inspected a hazardous part and sent it out in the wrong color tub. But I realized it & informed shipping of the mistake and fixed it befor being sent 2 the customer.So no harm done. a few days later i was fired. That 1 mistake was the reason given. The box they checked was unsatisfactory... Read more »

Marshall Jason Ray
Marshall Jason Ray answered on Apr 23, 2016

Employment laws do not necessarily protect against generalized unfairness. Whether you have a credible claim of wrongful termination depends on many factors and you have not provided enough facts. If you meet with a local attorney, you will have the opportunity to provide necessary details, such... Read more »

1 Answer | Asked in Business Law and Employment Law for Kansas on
Q: is a non-compete clause legal?

My husband merged his company with another. They had differences and now the other company is saying he can't work on a job over $10,000 also saying he can't volunteer his time either. The other company is constantly driving by our home and where my husband is offering a helping hand... Read more »

Marshall Jason Ray
Marshall Jason Ray answered on Apr 12, 2016

You should have a local attorney review the situation. The legality and enforceability of a non-compete agreement depend on various factors. A local attorney will need to review the specific contract about which you are asking and give you an opinion.

1 Answer | Asked in Employment Law for Kansas on
Q: I've read that Oklahoma vacation labor laws state that even if you quit/fired from your job your still titled to your

Vacation pay if you earned your vacation I earned mine than two weeks later I was moving so I asked if I could put my two weeks in and than take my vacation but I was denied this was two years ago but I just learned that in some states(Oklahoma) it doesn't matter if you was fired or quit your... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Apr 5, 2016

I do not know OK law, but generally there are no laws concerning paid time off. Usually it turns on what the employer's policy is on paying out these benefits. I also note two years may be too late. To see for sure, try contacting an OK licensed employment attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.