Kansas Employer Resources
Answers to common questions, links to the agencies that matter, and guidance to help you stay ahead of workplace issues before they become legal ones.
Questions employers actually ask.
These are the questions that come up in almost every new client conversation. If something here applies to your situation, we’d encourage you to call. A short conversation can often prevent a much longer one down the road.
Who does Dietrick Law represent?
We represent employers and management almost exclusively. That means businesses, organizations, and the people who run them, usually not employees. If you are an HR director, business owner, manager, or executive dealing with a workplace matter, we are in your corner.
We work with employers of all sizes across Kansas, Missouri, and Louisiana, and before federal agencies nationwide. We typically do not represent employees or take plaintiff-side employment cases.
What does it mean that Kansas is an at-will employment state?
At-will employment means that either party, employer or employee, can end the employment relationship at any time, for any reason, or for no reason at all, as long as the reason is not an illegal one. Kansas follows this doctrine.
That said, “at-will” is not a blanket shield. Federal and state laws still prohibit terminations based on protected characteristics (race, sex, age, disability, religion, and others), retaliation for protected activity, and violations of an employment contract. Understanding what you can and cannot do is where we come in.
When does an employer become covered under the FMLA, ADA, or KAAD?
The Family and Medical Leave Act (FMLA) applies to employers with 50 or more employees within a 75-mile radius. Covered employees must have worked for you for at least 12 months and logged at least 1,250 hours in the prior year.
The Americans with Disabilities Act (ADA) covers employers with 15 or more employees. It requires you to provide reasonable accommodations to qualified individuals with disabilities, unless doing so would cause undue hardship to your business. The threshold for what counts as reasonable is highly fact-specific, and we help employers navigate it regularly. In Kansas, the state-level Kansas Act Against Discrimination (KAAD) also prohibits disability discrimination, but applies to employers with just 4 or more employees, meaning many smaller Kansas businesses are covered well before the ADA applies to them.
What should I do if an employee files a complaint with the EEOC or KHRC?
Call us before you respond to anything. The way an employer responds in the early stages of an EEOC or KHRC investigation can significantly shape the outcome. A poorly constructed position statement, or failure to preserve relevant records, can turn a manageable situation into a much more costly one.
We have extensive experience representing employers before both the Equal Employment Opportunity Commission and the Kansas Human Rights Commission. We help you understand what the agency is looking for, prepare a thorough response, and navigate any mediation or conciliation that follows.
What is a workplace investigation, and when should I conduct an investigation?
A workplace investigation is a structured process for gathering facts when a serious complaint or incident arises; harassment, discrimination, misconduct, safety violations, or other policy concerns. The goal is to determine what happened, document findings, and take appropriate action.
You should consider conducting one any time an employee makes a formal complaint, when a manager becomes aware of a potential policy violation that may violate state or federal law, or when your organization needs a documented record of how it responded to a situation.
What is a separation agreement, and when should I use one?
A separation agreement is a contract between an employer and a departing employee that typically provides severance pay in exchange for a release of legal claims. When properly drafted, it can significantly reduce your exposure to future litigation arising from the separation.
They are particularly useful when there is any ambiguity around the circumstances of a departure, when a higher-risk employee is leaving, or when you want to ensure confidentiality. We draft and review these regularly.
When should an employer call an employment attorney?
Before you think you need one. The employers who fare best are those who call us when something feels uncertain, not after a complaint has been filed or a situation has escalated.
Practically speaking, consider reaching out when you are drafting or revising employment policies, navigating a difficult termination, responding to an agency complaint, managing a leave or accommodation request, preparing for a union organizing campaign, or dealing with any situation where you are unsure of your legal obligations.
Know the agencies that regulate your workplace.
These are the federal and state agencies that oversee employment law and investigate complaints against employers in Kansas. Knowing how each one operates is part of running a compliant organization.
Guidance from the attorneys.
John and Kimberly present to the Topeka Bar Association, Kansas Bar Association, and other organizations. Please contact us if you are interested in discussing options for our presentations to your organization.
Have a question that isn't answered here?
Most employer situations are more specific than any FAQ can address. Call us and we will talk through it.
