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Can I fire employees for reasons other than poor performance in Kansas? What are the requirements?

Yes, in Kansas, employers can generally terminate employees for any reason or no reason at all, as long as it is not an illegal reason [3.1]. However, there are certain requirements that employers must follow when terminating an employee. Employers in Kansas must ensure that they are not terminating employees for illegal reasons, such as discrimination based on race, gender, age, religion, or disability. Employers must also comply with any contractual obligations, such as collective bargaining agreements or employment contracts, that may limit their ability to terminate employees. Additionally, employers must follow any applicable state and federal laws regarding termination, such as providing notice of termination or paying final wages [3.1].

It is important to note that certain employees may be protected from termination under specific circumstances. For example, employers may not discharge any employee by reason of the fact that the employee performs duties as a volunteer firefighter, volunteer certified emergency medical service provider, volunteer reserve law enforcement officer, or volunteer part-time law enforcement officer [4.1]. Additionally, contractors subject to the provisions of K.S.A. 44-1030, 44-1031, and 44-1032 shall be required to agree to the same contract provisions with respect to age discrimination and compliance with the Kansas act against discrimination as provided by those sections with respect to other types of discrimination and compliance with the Kansas act against discrimination [3.2].

In terms of reemployment, employers in Kansas must place each employee who is laid off, demoted, or transferred in lieu of layoff in a reemployment pool by the director, unless the employee requests in writing to not be placed in the reemployment pool. Each employee in the reemployment pool shall be eligible to apply for any vacancy to be filled, including any internal vacancy, until the date the employee is reemployed or for three years from the date of the layoff, whichever occurs first [2.1].

In conclusion, employers in Kansas can generally terminate employees for any reason or no reason at all, as long as it is not an illegal reason. Employers must comply with any contractual obligations and applicable state and federal laws regarding termination. Employers cannot terminate employees for illegal reasons, such as discrimination or retaliation. Certain employees may be protected from termination under specific circumstances, and employers must follow reemployment requirements for laid-off employees [3.1][4.1][3.2][2.1].

Source(s):
Jurisdiction

Kansas