Wrongful Termination in Kansas (2026): Laws, Deadlines, How to File

Kansas is an employment-at-will state, so a firing is wrongful only when it breaks a specific statute, a contract or a public policy that Kansas courts protect. The main state statute is the Kansas Act Against Discrimination (K.S.A. 44-1001 and following), which makes it unlawful for an employer with four or more employees to discharge a person because of race, religion, color, sex, disability, national origin or ancestry (K.S.A. 44-1009(a)(1)). Kansas courts also allow a retaliatory discharge claim for workers fired for filing a workers' compensation claim or for reporting serious legal violations.

The state deadline is short: six months to file with the Kansas Human Rights Commission. To compare other states, see our guide to wrongful termination laws by state.

Information last verified on October 10, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Kansas law on firing private-sector employees: the Kansas Act Against Discrimination (KAAD), the Kansas Age Discrimination in Employment Act (KADEA), the retaliatory discharge and implied-contract rules of Kansas courts, and narrower Kansas statutes on jury service, voting and public-employee whistleblowing, with short notes on the federal laws that also apply. The federal rules in full are on our wrongful termination laws by state guide. It does not cover severance agreements; see Kansas severance pay laws.

Is Kansas an at-will state?

Yes. Kansas has no statute requiring just cause for a firing, so the question after a Kansas firing is whether a specific statute, contract or protected public policy was broken. For how the at-will doctrine works day to day, see Kansas at-will employment laws.

Grounds for a wrongful termination claim in Kansas

Discrimination under the Kansas Act Against Discrimination

K.S.A. 44-1009(a)(1) makes it an unlawful employment practice for an employer, "because of the race, religion, color, sex, disability, national origin or ancestry of any person to refuse to hire or employ such person to bar or discharge such person from employment." The act also makes genetic screening or testing an unlawful practice (K.S.A. 44-1009(a)(9)).

Who is covered. Under K.S.A. 44-1002(b), "employer" includes "any person in this state employing four or more persons," plus the state and its political subdivisions. Nonprofit fraternal or social associations are excluded. The definition names "nonsectarian corporations," and the Kansas Supreme Court has held that a sectarian (religious) corporation is not an employer under the act (Zion Lutheran Church v. Kansas Commission on Civil Rights, 251 Kan. 206 (1992)).

What is not listed. The statute does not list sexual orientation or gender identity. A 2025 bill that would have added sexual orientation, gender identity or expression, and veteran status, HB 2407, died in the Legislature. Federal law still applies: in Bostock v. Clayton County, 590 U.S. 644 (2020), the U.S. Supreme Court held that "An employer who fires an individual merely for being gay or transgender violates Title VII," which covers employers with 15 or more employees.

Local ordinances. The City of Wichita says its non-discrimination ordinance, in effect as of January 1, 2022, covers sexual orientation and gender identity, and applies to any employer within the city limits with four or more employees. Other Kansas cities may have their own ordinances; check with the city where you worked.

Federal law adds Title VII and the ADA for employers with 15 or more employees and the federal age law for employers with 20 or more (42 U.S.C. 2000e(b); 42 U.S.C. 12111(5); 29 U.S.C. 630(b)). The Kansas acts reach smaller employers that federal law does not, those with four to 14 employees.

Age discrimination

Kansas protects age under a separate law, the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 and following). It protects people 40 or more years of age (K.S.A. 44-1112(a)), defines an employer as any person in Kansas who employs four or more persons (44-1112(d)), and makes age discrimination in discharge an unlawful practice (K.S.A. 44-1113(a)(1)). Age complaints are processed in the manner provided for complaints under the KAAD (K.S.A. 44-1115).

Retaliation for opposing discrimination

The KAAD has its own anti-retaliation clause. K.S.A. 44-1009(a)(4) makes it unlawful "to discharge, expel or otherwise discriminate against any person because such person has opposed any practices or acts forbidden under this act or because such person has filed a complaint, testified or assisted in any proceeding under this act." The Kansas age act has a matching retaliation clause (K.S.A. 44-1113(a)(5)).

Retaliatory discharge against public policy

Kansas courts have created a tort claim for firings that violate public policy, in two main situations:

• Workers' compensation claims. In Murphy v. City of Topeka, 6 Kan. App. 2d 488 (1981), the Court of Appeals recognized a claim for an at-will employee fired for filing a workers' compensation claim, reasoning that allowing that kind of employer coercion "would substantially subvert the purpose of the act." Our research did not find a separate Kansas statute barring workers' compensation retaliation, so this court-made claim is the state-law route. For the benefits side, see Kansas workers' compensation laws.
• Whistleblowing. In Palmer v. Brown, 242 Kan. 893 (1988), the Kansas Supreme Court held that firing an employee "in retaliation for the good faith reporting of a serious infraction of such rules, regulations, or the law by a co-worker or an employer to either company management or law enforcement officials (whistle-blowing) is an actionable tort," where the rules and laws are those "pertaining to public health, safety, and the general welfare."

Palmer sets a demanding standard. The employee must prove by clear and convincing evidence that a reasonably prudent person would have concluded a violation was occurring, that the employer knew of the report before the firing, and that the firing was in retaliation for it. The report must be made in good faith, not from a corrupt motive.

The tort reaches beyond outright firing: in Brigham v. Dillon Cos., 262 Kan. 12 (1997), the Kansas Supreme Court recognized it for a retaliatory demotion tied to a workers' compensation claim.

When another remedy displaces the tort. In Flenker v. Willamette Industries, 266 Kan. 198 (1998), the Kansas Supreme Court said an adequate alternative statutory remedy precludes the common-law claim, but held that the federal OSHA complaint process (section 11(c)) was not adequate, so a worker fired for an OSHA complaint could still bring the Kansas tort.

Deadline. Two years. In Pfeifer v. Federal Express Corp., 297 Kan. 547 (2013), the Kansas Supreme Court said "Kansas law provides a 2-year statute of limitations for such claims," citing K.S.A. 60-513(a)(4), and held invalid a clause in an employment contract that shortened that period to six months for a workers' compensation retaliation claim. The court limited that holding to circumstances "in which there is a strongly held public policy interest at issue."

Firing for jury service

K.S.A. 43-173 says: "No employer shall discharge or threaten to discharge any permanent employee by reason of such employee's jury service." An employee can recover lost wages, actual damages and benefits, and can seek reinstatement and an injunction. A prevailing employee recovers attorney fees; an employer recovers fees only if the action is frivolous or in bad faith. The section states no filing deadline.

Time off to vote

K.S.A. 25-418 entitles a voter to be absent from work to vote for a period "not to exceed two (2) consecutive hours," under the conditions the section sets, and says the voter shall not, because of that absence, "be liable to any penalty, nor shall deductions be made" from pay. Obstructing that privilege is a class A misdemeanor; the section states no civil remedy for the employee.

Whistleblowing by public employees

Our research found no general private-sector whistleblower statute in Kansas; private-sector workers rely on the Palmer tort. Public employees have statutes with short deadlines:

• State employees: K.S.A. 75-2973 protects state employees, and a classified permanent employee may appeal to the state civil service board; the appeal must be "filed within 90 days after the alleged disciplinary action" (75-2973(f)). An unclassified state employee may instead bring an action under the Kansas judicial review act "within 90 days after the occurrence of the alleged violation" (75-2973(h)).
• County, city and school district employees: the Kansas municipal employee whistleblower act, K.S.A. 12-16,223, took effect July 1, 2025. A court action must be brought "within 90 days after the occurrence of the alleged violation" (subsection (e)(1)), or the employee may appeal to a municipal adjudicative body where one exists.

For more, see Kansas whistleblower laws.

Contracts, handbooks and good faith

Kansas recognizes implied-in-fact employment contracts. In Morriss v. Coleman Co., 241 Kan. 501 (1987), the Kansas Supreme Court said the terms of such a contract can be found from "written or oral negotiations, the conduct of the parties from the commencement of the employment relationship, the usages of the business" and similar factors, and it reversed summary judgment so the implied-contract question could be tried on the facts.

The same case rejected a general duty of good faith in at-will employment. The majority concluded that the Restatement rule that every contract carries a duty of good faith and fair dealing "is overly broad and should not be applicable to employment-at-will contracts."

A contract claim has five years if the contract is in writing (K.S.A. 60-511(1)) and three years if it is not (K.S.A. 60-512(1)).

Other Kansas firing bans

• Victims of domestic violence or sexual assault. K.S.A. 44-1132 bars an employer from discharging or retaliating against an employee who is a victim for taking time off to seek a restraining order or other relief, seek medical attention, obtain services from a domestic violence shelter, domestic violence program or rape crisis center, or make court appearances. Time off is limited to eight days per calendar year unless more is available under the terms of employment or a collective bargaining agreement. The employee must give reasonable advance notice unless that is not feasible, and provide documentation within 48 hours after returning.
• State military duty. K.S.A. 48-517 requires an employer to restore a worker called to state active duty (for example, in the Kansas National Guard) and says the worker "shall not be discharged from the person's position without cause within one year after restoration to the position." The worker can apply to the attorney general, who may sue in district court; for a willful violation the court may order an additional amount equal to the lost wages and benefits.
• Health-care risk-management reports. Under K.S.A. 65-4928, an employer that fires an employee for making a report under K.S.A. 65-4923 or 65-4924 is liable for lost wages and benefits plus a civil penalty up to the same amount, and the court may allow attorney fees.
• Minimum-wage complaints. Under K.S.A. 44-1210(b), firing an employee for complaining of not being paid under the Kansas minimum wage law, or for starting or testifying in a proceeding under it, is punishable on conviction by a fine of $250 to $1,000.

Gaps in this page's coverage

Our research did not cover Kansas statutes on sick leave or off-duty conduct. Two federal rules apply regardless: the Fair Labor Standards Act bars firing an employee for filing a complaint under it (29 U.S.C. 215(a)(3)), and USERRA bars denying "retention in employment" because of military service (38 U.S.C. 4311(a)).

Constructive discharge in Kansas

Quitting can count as a firing. In Garvey Elevators, Inc. v. Kansas Human Rights Commission, 265 Kan. 484 (1998), the Kansas Supreme Court quoted this test: "If the working environment becomes so hostile that a reasonable person would deem the conditions to be 'intolerable,' and the employee quits because of that environment, the quitting will be treated and remedied as a discharge."

The bar is high. In Garvey, the court affirmed the district court's finding that the conditions were not so intolerable that a reasonable person would have felt compelled to quit.

Wrongful termination deadlines in Kansas

The EEOC deadline. The EEOC's Kansas City Area Office and St. Louis District Office both say an individual has "300 days from the date of alleged harm" to file a charge against an employer with 15 or more employees in Kansas, or 20 or more employees for age. Both pages say charges against smaller employers must be filed with the appropriate state or local agency within the time limits set by state or local law; in Kansas that is the KHRC's six-month deadline under K.S.A. 44-1005(i).

The suit deadline. The KAAD itself sets no deadline for a court action. In Wagher v. Guy's Foods, Inc., 256 Kan. 300 (1994), the Kansas Supreme Court held that because the liability "is created by statute," the three-year period in K.S.A. 60-512(2) applies. The period began when the plaintiff was told the reason she was not hired and was tolled while the pending KHRC proceeding barred suit. No statute sets a fixed number of days to sue after a KHRC dismissal, and our research did not check later appellate decisions on this rule, so get legal advice promptly.

Where to file in Kansas

The Kansas Human Rights Commission. The KHRC says employment complaints begin with an online intake questionnaire linked from its home page; its phone numbers are 1-888-793-6874 and (785) 296-3206. The KHRC says: "Employment and public accommodation complaints must be filed within six (6) months from the last alleged discriminatory act."

Late for the state, on time for the EEOC. The KHRC's FAQ says that when an employment complaint falls outside the six-month state limit but within the EEOC's 300-day limit, "the KHRC will assist the individual in completing the complaint forms and forward them onto the EEOC."

The EEOC. Federal charges can be filed through the EEOC Public Portal, or by phone at 1-800-669-4000 when a deadline is near.

The KHRC step comes first for a state claim. In Sandlin v. Roche Laboratories, Inc., 268 Kan. 79 (1999), the Kansas Supreme Court held that a fired employee with a KHRC complaint pending could not bring a separate KAAD suit in district court before exhausting the administrative process, and sent the case back for dismissal without prejudice.

K.S.A. 44-1005(i) provides a way out of a stalled case. If the KHRC has not issued a finding of probable cause or no probable cause, or otherwise dismissed the complaint, within 300 days of filing, it may dismiss on its own, and must dismiss on the complainant's written request. That dismissal is "deemed to exhaust all administrative remedies" so the complainant can file in court. The age act uses the same mechanism (K.S.A. 44-1115).

Other ways the KHRC process ends. If the KHRC finds no probable cause, Kansas appellate courts have said the worker may then bring an independent civil action in district court (Van Scoyk v. St. Mary's Assumption Parochial School, 224 Kan. 304 (1978); Mattox v. Department of Transportation, 12 Kan. App. 2d 403 (1987)), and a federal court in Kansas has held that no petition for reconsideration is needed first (Parsells v. Manhattan Radiology Group, 255 F. Supp. 2d 1217 (D. Kan. 2003)). For other KHRC orders or decisions, K.S.A. 44-1010 says: "No cause of action arising out of any order or decision of the commission shall accrue in any court to any party unless such party shall petition for reconsideration as herein provided." A federal court has also held that a worker who filed a state suit after receiving a federal right-to-sue letter had not exhausted the Kansas remedies (Ratts v. Board of County Commissioners, Harvey County, 141 F. Supp. 2d 1289 (D. Kan. 2001)).

What the KHRC or a court can award

KHRC orders. Under K.S.A. 44-1005(k), an order may require the employer to stop the practice and to take "such affirmative action, including but not limited to the hiring, reinstatement, or upgrading of employees, with or without back pay." It "may also include an award of damages for pain, suffering and humiliation which are incidental to the act of discrimination, except that an award for such pain, suffering and humiliation shall in no event exceed the sum of $2,000."

In court. Section 44-1005 contains no punitive-damages provision and no attorney-fee provision, and our research did not confirm whether another provision allows fees. In Woods v. Midwest Conveyor Co., 231 Kan. 763 (1982), the Kansas Supreme Court held there was no statutory authority for commission orders covering punitive damages, and the federal court in Parsells v. Manhattan Radiology Group (D. Kan. 2003) read Woods as holding that punitive damages are not available under the KAAD. Federal courts applying Kansas law hold that the $2,000 limit on pain and suffering applies whether the award comes from the KHRC or a court (Best v. State Farm Mutual Automobile Insurance Co., 953 F.2d 1477 (10th Cir. 1991); Parsells v. Manhattan Radiology Group, 255 F. Supp. 2d 1217 (D. Kan. 2003)). In Wagher, a jury in a district-court KAAD action awarded back pay, front pay and pain-and-suffering damages.

Federal law. Title VII and the ADA cap combined compensatory and punitive damages at $50,000 to $300,000 depending on employer size, with back pay outside the cap (42 U.S.C. 1981a(b)(3)). The wrongful termination guide lists the tiers.

Practical steps after a firing in Kansas

Write down the date you were fired, who told you, the reason given, and any complaint, workers' compensation claim, report or jury summons involved, and keep copies of messages, reviews and the termination notice. The six-month KHRC deadline is usually the first clock to watch. Kansas does not require an employer to state the reason for a firing, but K.S.A. 44-808(3) makes it unlawful to refuse, on a fired employee's written request, "a service letter setting forth the tenure of employment, occupational classification and wage rate paid the employee."

If the employer offers money in exchange for a release, read it before signing: a release can give up the claims described here. Our Kansas severance pay laws page covers those agreements, and the wrongful termination guide has more on preparing for a claim.

Recent changes and pending bills

The Kansas Revisor of Statutes' lists of new, amended and repealed statutes for 2024, 2025 and 2026 (the last dated August 13, 2026) show no amendment to the KAAD or Kansas age act sections this page relies on. The six-month deadline and the $2,000 limit are unchanged.

• Enacted: the Kansas municipal employee whistleblower act, K.S.A. 12-16,223 (L. 2025, ch. 70), effective July 1, 2025.
• Died: 2025 HB 2407, which would have added sexual orientation, gender identity or expression, and veteran status to the KAAD, and 2025 SB 164, on religion at public educational institutions and attorney-general investigations under the KAAD.

Related

• Wrongful termination laws by state
• Kansas at-will employment laws
• Kansas workers' compensation laws
• Kansas whistleblower laws
• Kansas severance pay laws

Disclaimer: This article provides general legal information about Kansas wrongful termination law (the Kansas Act Against Discrimination, the Kansas Age Discrimination in Employment Act, the retaliatory discharge rules of Kansas courts, and K.S.A. 43-173, 25-418, 75-2973 and 12-16,223) and the federal laws that apply in Kansas. It is not legal advice. The information was verified on October 10, 2026. For advice about your situation, contact the Kansas Human Rights Commission, the EEOC, a legal aid office or a lawyer licensed in Kansas.

Last updated: October 10, 2026.

Frequently Asked Questions

Can I sue for wrongful termination in Kansas?

Only if the firing broke a specific law or agreement, such as the Kansas Act Against Discrimination, the Kansas age act, an implied contract, or the public-policy rule from Murphy v. City of Topeka and Palmer v. Brown. Kansas is otherwise at-will.

How long do I have to file a discrimination complaint in Kansas?

Six months after the act of discrimination with the Kansas Human Rights Commission, or from the last act of a continuing pattern (K.S.A. 44-1005(i)). The EEOC's Kansas City and St. Louis offices say the federal charge deadline in Kansas is 300 days.

Do I have to go to the KHRC before suing in Kansas?

For a claim under the Kansas Act Against Discrimination, yes: Sandlin v. Roche Laboratories (1999) requires exhausting the KHRC process. A KHRC dismissal after 300 days without a finding counts as exhaustion under K.S.A. 44-1005(i). After a no-probable-cause finding, Kansas courts have said the worker may sue in district court; after any other KHRC order or decision, K.S.A. 44-1010 requires a petition for reconsideration to the KHRC before a court action.

How many employees does a Kansas employer need to be covered?

Four or more for both the Kansas Act Against Discrimination (K.S.A. 44-1002(b)) and the Kansas age act (K.S.A. 44-1112(d)). Federal Title VII and the ADA start at 15 employees.

Can I be fired for filing a workers' comp claim in Kansas?

Kansas courts treat it as an actionable tort: Murphy v. City of Topeka recognized the claim, and Pfeifer v. Federal Express (2013) applied a two-year limitations period under K.S.A. 60-513(a)(4).

Is there a cap on damages in Kansas discrimination cases?

A KHRC order may award pain, suffering and humiliation damages of no more than $2,000 (K.S.A. 44-1005(k)), along with back pay and reinstatement. Federal courts applying Kansas law hold that the same limit applies in a court action, and federal courts read Woods v. Midwest Conveyor (Kan. 1982) as holding that punitive damages are not available under the Kansas act. Federal Title VII and ADA claims carry higher caps.

Can I be fired for jury duty in Kansas?

No. K.S.A. 43-173 bars discharging or threatening to discharge a permanent employee because of jury service and allows lost wages, reinstatement and attorney fees. The section states no filing deadline.

Is it illegal to fire someone for being gay in Kansas?

The Kansas Act Against Discrimination does not list sexual orientation or gender identity, and a 2025 bill to add them, HB 2407, died. Federal law does cover it: in Bostock v. Clayton County (2020), the U.S. Supreme Court held that an employer who fires someone merely for being gay or transgender violates Title VII, which applies to employers with 15 or more employees; the EEOC charge deadline in Kansas is 300 days. Wichita's ordinance also covers sexual orientation and gender identity at employers in the city with four or more employees.