Printable Format75-4316. Discharge of public employee declaring or subjected to bankruptcy, wage earners' plan or similar proceeding unlawful; "public employee" defined; violation of act declared misdemeanor. (a) For the purpose of this act, "public employee" means any employee of the state of Kansas, any employee of a city incorporated under the laws of the state of Kansas or any employee of a county, township, school district or other political subdivision of the state of Kansas.
(b) No public employee shall be discharged from employment solely by reason of the fact that he or she has availed himself or herself of or has been subjected by creditors to any proceeding in a state or federal court due to such employee's financial condition, which shall include, but not be limited to, a proceeding in bankruptcy, a proceeding to effect a wage earners' plan or any other similar proceeding instituted because of such employee's insolvency.
(c) Any person who discharges a public employee from employment in violation of this act shall be guilty of a class A misdemeanor.
History: L. 1971, ch. 283, § 1; July 1.
Cross References to Related Sections:
Discharge of employee due to wage garnishment, see 60-2311.
Law Review and Bar Journal References:
"Rights of Kansas Non-Union Employees Against Unjust Termination—Where Are We Now?" William C. Nulton, 54 J.K.B.A. 237, 239 (1985).
"Wrongful Discharge Litigation: New Opportunities for the Nineties," Stephen B. Plummer, 11 J.K.T.L.A. No. 3, 5, 6 (1987-1988).
"Personnel Policy Manuals as Legally Enforceable Contracts: The Implied-in-Fact Contract—A Limitation on the Employer's Right to Terminate at Will," Michael D. Strong, 29 W.L.J. 368, 373 (1990).
"Vengeance is not Mine: A Survey of the Law of Title VII Retaliation," Nancy Landis Caplinger and Diane S. Worth, 73 J.K.B.A. No. 4, 20 (2004).