How to Terminate an Employee in Kansas

Kansas, like certain other states, is an "at will" employment state. This means that you may terminate an employee for anything at any time, as long as the reason doesn't violate federal or state discrimination or employment laws. You can't fire an employee because of his race or religion, nor can you fire him for refusing to break the law or for reporting you for safety or labor violations. Although you don't have to provide the employee with a reason for the termination, proper documentation of any employee action that leads to his dismissal is essential for proving your case if the employee sues you for illegal termination.



Instructions

1 Review your company's disciplinary procedures to make sure that you're following company policy regarding steps to termination. If your employee handbook states reasons for termination, or if the employee knows through conversations with management the reasons for terminations, an employee can sue you for breaking an implied contract. Rulings from court cases in Kansas regarding implied contracts state that oral promises are all that's necessary to create a binding contract, according to BLR.

2 Document any incidences that lead to the employee's termination. Make notes about any conversations with the employee regarding your dissatisfaction with her work performance. Request that her supervisors provide reports if you're not her direct supervisor. Because Kansas is an at-will-employment state, you don't have to provide warnings regarding employee performance, but if you want to keep the employee, a warning may help the employee know what she can do to improve.

3 Call a meeting with the employee and another member of management. Although you don't have to give the employee one last chance to save his job, doing so may help your argument if he initiates a lawsuit. Spell out any requirements he must meet to keep his job. In Kansas, an employer may require that employees work any time and as much --- or as little --- as the employer requires. You may change an employee's work shift as you like to accommodate any deficiencies if doing so helps you retain the employee.

4 Prepare a script to follow during the termination meeting. Stick to the facts and keep it short. List the issues you have with the employee's performance. Gather any information regarding severance pay, continuing health benefits and the employee's retirement account to give to the employee during the meeting. You don't have to pay unused vacation time in Kansas when you terminate an employee unless your company policy dictates that you will.

5 Call a final meeting to terminate the employee. Ask at least one other member of management to attend the meeting but don't allow the employee to bring a person of her choosing, according to Inc. Inform the employee why you're terminating her and give her the information you gathered. Remain professional at all times and, if necessary, ask security to help her gather her belongings and escort her from the building. Kansas considers meeting time as work time, so you must pay the employee for the time you spend in the termination meeting.

6 Pay the employee no later than the next payday after termination. Kansas law stipulates that you must pay him by your regular means of paying employees or by mail if requested by the employee.