Printable Format39-1403. Same; immunity from liability of certain persons; employer prohibited from imposing sanctions on employee making report. (a) Anyone participating in the making of any report pursuant to this act, or in any follow-up activity to or investigation of such report or any other report of abuse, neglect or exploitation of an adult or who testifies in any administrative or judicial proceeding arising from such report shall not be subject to any civil liability on account of such report, investigation or testimony, unless such person acted in bad faith or with malicious purpose.
(b) No employer shall terminate the employment of, prevent or impair the practice or occupation of or impose any other sanction on any employee solely for the reason that such employee made or caused to be made a report under this act.
History: L. 1980, ch. 124, § 3; L. 1983, ch. 149, § 3; L. 1990, ch. 153, § 3; L. 2003, ch. 91, § 4; July 1.
Law Review and Bar Journal References:
"Tort Law: Kansas Further Limits Employment-at-Will By Providing Relief for Whistleblowers [Palmer v. Brown, 242 Kan. 893, 752 P.2d 685 (1988)]," Lisa K. Hanner, 28 W.L.J. 172, 180, 182, 184 (1988).
"Comparing Kansas Employment-at-Will Law with the Model Employment Termination act," Eric D. Barton, 41 K.L.R. 169, 170 (1992).
CASE ANNOTATIONS
1. Cited; discharge of probationary employee in retaliation for reporting employer's illegal practices as actionable tort examined. Palmer v. Brown, 242 Kan. 893, 896, 752 P.2d 685 (1988).