Understanding Kansas At-Will Employment Exceptions: Can You Sue for Wrongful Termination?

Losing your job in Kansas without a clear reason can feel devastating and unfair. Like most of the country, Kansas operates under the "at-will" employment doctrine. This means an employer in Olathe, Wichita, or anywhere else in the state can legally terminate you for a good reason, a bad reason, or no reason at all, as long as it is not an illegal reason. But what makes a firing illegal? Kansas courts recognize very specific exceptions to the at-will rule. Understanding these legal exceptions is the first step in determining if you have a valid wrongful termination claim.

The Public Policy Exception in Kansas

The most common way an at-will firing becomes a wrongful termination is if it violates Kansas "public policy." Essentially, your employer cannot fire you for doing something the state encourages, or for refusing to do something the state forbids. The landmark case Palmer v. Brown, 242 Kan. 893 (KS Supreme Court 1988) firmly established that whistleblowers who report illegal activity by their employers are protected under state public policy. You may have a strong case if you were fired for:

• Filing a workers' compensation claim after an on-the-job injury.
• Refusing to commit perjury or violate state safety regulations.
• Reporting your company for Medicaid fraud or tax evasion.
• Taking time off for jury duty or to vote.

Implied Contract Violations

An exception to the at-will rule occurs when your employer creates an "implied contract" of ongoing employment. This does not mean you have a formal, signed paper contract. Instead, an implied contract can be formed by employee handbooks, company policies, or verbal promises made by management. If your employer's handbook outlines a strict three-strike disciplinary process, but they fire you on the spot without following those steps, they may have breached an implied contract. A court will examine the language used by the company to see if they accidentally promised you job security.

Implied Covenants of Good Faith: A Rare Exception

In some states, every employment relationship contains an "implied covenant of good faith and fair dealing," meaning employers cannot fire workers out of pure malice or to cheat them out of earned benefits. However, Kansas courts are famously strict on this issue. Historically, the state has rejected this covenant for standard at-will employees. You cannot typically sue your boss simply because they were unfair or mean. However, if the termination was specifically timed to cheat you out of a massive, already-earned sales commission, a skilled attorney might argue a breach of contract rather than relying strictly on the good faith covenant.

Step-by-Step: What to Do If You Were Wrongfully Terminated

Step 1: Secure Your Documentation

Before your email access is cut off, secure copies of your performance reviews, employee handbooks, and any written communications (like text messages) showing the real reason you were fired. Do not sign a severance agreement without having a lawyer read it first.

Step 2: File Administrative Complaints

If your termination involved retaliation for wage disputes, you may need to file a claim with the Kansas Department of Labor, Topeka before suing. If it involves whistleblower retaliation, strict timelines apply.

Step 3: File a Civil Lawsuit

If you cannot settle out of court, you will file a lawsuit at the district court level, such as the Johnson County District Court, Olathe or the Sedgwick County District Court, Wichita. The process begins with an individualized petition drafted by an attorney pursuant to Kan. Stat. Ann. § 60-203 and Kan. Stat. Ann. § 60-208, accompanied by the mandatory Form Civil Cover Sheet, Kansas, Kansas Judicial Council, Civil Cover Sheet. You can browse our US Attorney Directory to find a local employment lawyer to guide you.

How Much Does it Cost and How Long Does it Take?

Most Kansas employment lawyers work on a contingency fee basis for wrongful termination cases, meaning they take 33% to 40% of your final settlement, and you pay little to nothing upfront. The court filing fee for a civil lawsuit in Kansas is around $195. Because employers fight these claims aggressively to avoid setting bad precedents, the litigation process often takes 12 to 24 months. Under Kan. Stat. Ann. § 60-513, you generally have two years to file a tort lawsuit for wrongful discharge in violation of public policy, but contract claims may have a three-year deadline under Kan. Stat. Ann. § 60-512.

Frequently Asked Questions (FAQ)