The Public Policy Exception in Kansas: Refusing to Perform Illegal Acts at Work
While Kansas is an "at-will" employment state, it is strictly illegal for an employer to fire you for refusing to perform an act that violates state or federal law. This protection is known as the public policy exception, and victims of such retaliation can sue for wrongful termination.
Most employees in Kansas know that they can be fired at any time, for almost any reason, because of the state's "at-will" employment laws. However, there is a powerful legal shield designed to protect workers who do the right thing. If you work in Wichita, Overland Park, or Topeka, your boss cannot legally force you to choose between breaking the law and keeping your paycheck. Firing a worker because they refused to participate in illegal activity or reported illegal conduct is considered a retaliatory discharge. Our directory connects you with experienced Kansas employment lawyers who can help you hold your employer accountable and fight for lost wages.
Step-by-Step Process: Understanding the Public Policy Exception
The public policy exception in Kansas was firmly established by the landmark precedent Palmer v. Brown, 242 Kan. 893 (KS Supreme Court 1988), which recognized that firing an employee for whistleblowing or refusing to break the law violates the state's fundamental public policy. Here is how this exception applies to various workplace scenarios.
Step 1: Refusing to Falsify Documents
One of the most common scenarios involves an employer demanding that an employee doctor official records. For example, if you are an accountant and your boss orders you to falsify tax returns, or if you work in logistics and are told to alter weight tickets for trucks to avoid fines, doing so would make you complicit in a crime. If you refuse to alter these records and are subsequently fired, you have strong grounds for a wrongful termination lawsuit. The court views the protection of truthful record-keeping, especially when mandated by statutes like state tax laws or the 29 U.S.C. § 201 et seq. for employee timecards, as a vital public interest.
Step 2: Refusing to Violate Safety Codes
Workplace safety is heavily regulated. If you are a warehouse worker or a construction foreman in Kansas and your manager orders you to bypass safety protocols-such as ignoring OSHA regulations, dumping hazardous waste illegally, or driving a commercial vehicle over the legal hour limits-you have the right to refuse. Firing you for refusing to put yourself or the public in danger violates public policy. If you file a safety complaint and are terminated, you can often report the retaliation to the Kansas Department of Labor, Topeka as well as file a civil lawsuit for damages.
Step 3: Refusing to Lie to Investigators
When state auditors, police officers, or federal investigators come knocking at your company's door, it is illegal to lie to them. If your employer instructs you to hide documents from an auditor, cover up a workplace accident, or give false testimony during a legal investigation, you must refuse. Terminating an employee because they chose to tell the truth to authorities is a clear-cut case of retaliatory discharge. It is highly recommended to document these illegal requests in writing, such as saving emails or text messages, before contacting an attorney.
Step 4: Building Your Retaliation Case
To win a retaliatory discharge case in Kansas, you generally must prove three things: first, that a reasonably prudent person would conclude the employer was engaged in illegal activities; second, that you refused to participate or reported it in good faith; and third, that your refusal was the direct cause of your termination. Gathering evidence immediately is critical. A skilled local lawyer will help you subpoena company emails, gather witness statements from coworkers, and file a lawsuit in your local court, such as the Johnson County District Court, Olathe or the Sedgwick County District Court, Wichita.
How Much Does a Wrongful Termination Lawyer Cost in Kansas?
Losing your job suddenly means losing your income, which makes hiring a lawyer seem impossible. Fortunately, most employment attorneys representing workers in retaliatory discharge cases operate on a contingency fee basis.
| Type of Expense | Estimated Cost in Kansas |
|---|---|
| Initial Case Consultation | Generally Free |
| Attorney Fees (Contingency) | 33% to 40% of the final settlement or court award |
| Civil Court Filing Fees | Approximately $195 |
You generally do not pay the attorney any hourly rates. They only get paid if they successfully recover money for you, whether through a pre-trial settlement or a jury verdict.
How Long Does a Retaliatory Discharge Lawsuit Take?
Employment lawsuits are rarely quick. After your attorney sends a demand letter to your former employer, the company may attempt to settle out of court to avoid bad press, which can take 3 to 6 months. However, if the employer denies wrongdoing, a formal lawsuit must be filed. The legal discovery phase, where both sides exchange evidence and take depositions under oath, can take a year. A full jury trial in a Kansas state court might not occur until 18 to 24 months after your initial filing.
Frequently Asked Questions (FAQ)
What is the difference between whistleblowing and refusing to do an illegal act?
Whistleblowing generally involves reporting an employer's illegal behavior to an outside authority or higher management. Refusing an illegal act simply means you told your boss "no" when asked to break the law. Kansas public policy protects both actions from retaliatory termination.
Do I need to be 100% sure the act was illegal?
No. You must act in "good faith" and have a reasonable belief that the requested act violated rules, regulations, or the law. Even if you were technically wrong about the specific statute, you are generally protected if a reasonable person would have believed the act was unlawful.
Can I be fired if I complain about a rude boss?
The public policy exception only applies if the employer's conduct violates actual laws, public health, or safety regulations. Being fired because you complained that your boss is mean or unfair is generally not protected under Kansas law, as being a bad manager is not illegal.
Can I sue if I wasn't fired, but forced to quit?
Yes, this is known as "constructive discharge." If your employer makes your working conditions so incredibly hostile and intolerable after you refuse an illegal act that any reasonable person would feel forced to resign, the law treats it as if you were officially fired.
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