Printable Format44-702. Declaration of state public policy. As a guide to the interpretation and application of this act, the public policy of this state is declared to be as follows: Economic insecurity, due to unemployment, is a serious menace to health, morals, and welfare of the people of this state. Involuntary unemployment is therefore a subject of general interest and concern that requires appropriate action by the legislature to prevent its spread and to lighten its burden that now so often falls with crushing force upon the unemployed worker and such worker's family. The achievement of social security requires protection against this greatest hazard of our economic life. This can be provided by encouraging employers to provide more stable employment and by the systematic accumulation of funds during periods of employment to provide benefits for periods of unemployment, thus maintaining purchasing power and limiting the serious social consequences of poor-relief assistance. The legislature, therefore, declares that in its considered judgment the public good and the general welfare of the citizens of this state require the enactment of this measure, under the police powers of the state, for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed. The state of Kansas is committed to maintaining and strengthening access to the unemployment compensation system, including through initial and continuing claims. All persons and employers are entitled to a neutral interpretation of the employment security law.
History: L. 1937, ch. 255, § 2; L. 2013, ch. 106, § 1; L. 2020, ch. 1, § 27 (Special Session); June 9.
Law Review and Bar Journal References:
"Survey of Kansas Labor Law," Robert J. Fowks and John H. Mack, 19 K.L.R. 587, 592 (1971).
"Limiting the Employer's Absolute Right of Discharge: Can Kansas Courts Meet the Challenge?" Jeffrey W. Byrd, 29 K.L.R. 267, 276 (1981).
"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. Hammer, 28 W.L.J. 172, 180, 182, 184 (1988).
Attorney General's Opinions:
Authority of legislature to transfer money from special revenue funds into state general fund. 2002-45.
CASE ANNOTATIONS
1. Mentioned in holding term "wages" as defined in act includes "holiday pay." Erickson v. General Motors Corporation, 177 Kan. 90, 94, 276 P.2d 376.
2. Jurisdiction and powers of labor commissioner under act continuing in nature. Warburton v. Warkentin, 185 Kan. 468, 470, 475, 345 P.2d 992.
3. Voluntary election by employer, effect; termination of coverage approved, effect though erroneously terminated. Warburton v. Warkentin, 185 Kan. 468, 470, 475, 345 P.2d 992.
4. Protection against involuntary unemployment is public policy of the state. Clark v. Board of Review Employment Security Division, 187 Kan. 695, 696, 359 P.2d 856.
5. Mentioned in finding nonresident employee entitled to judicial review in Kansas. Whitehead v. State of Kansas Labor Department, 203 Kan. 159, 161, 453 P.2d 11.
6. Cited in holding employees who elected to take their vacations at some time other than the shutdown period authorized under a collective bargaining agreement were voluntarily unemployed and not eligible for unemployment compensation benefits. Goodyear Tire & Rubber Co. v. Employment Security Board of Review, 205 Kan. 279, 284, 469 P.2d 263.
7. Considered in interpreting act; employee held eligible for benefits after mandatory retirement under labor agreement. Southwestern Bell Tel. Co. v. Employment Security Board of Review, 210 Kan. 403, 412, 413, 502 P.2d 645.
8. Purpose referred to in construing K.S.A. 44-706; leaving job because of family responsibilities; determination whether withdrawal from labor market. Shelton v. Phalen, 214 Kan. 54, 56, 519 P.2d 754.
9. Cost-benefit discrepancies under Employment Security Act do not render act unconstitutional where rational relationship exists between tax and legitimate and substantial state interest or goal; goal stated in this section shows relationship to taxing section K.S.A. 44-710a. Wesley Medical Center v. McCain, 226 Kan. 263, 266, 267, 597 P.2d 1088.
10. Cited in case upholding the constitutionality of K.S.A. 44-706. Leiker v. Employment Security Bd. of Review, 8 Kan. App. 2d 379, 384, 659 P.2d 236 (1983).
11. Temporarily unemployed workers not required to make individual search for temporary work. Hesston Corp. v. Kansas Employment Security Bd. of Review, 235 Kan. 716, 720, 684 P.2d 388 (1984).
12. Cited; permanent part-time employees not involuntarily unemployed during time off; ineligible for benefits. McCall Pattern Co. v. Kansas Employment Security Bd. of Review, 238 Kan. 608, 611, 613, 712 P.2d 1266 (1986).
13. Cited; under K.S.A. 44-710(c)(2)(A), base period employer not chargeable where temporary employee fails to report and request assignment after last day worked. Manpower, Inc. v. Kansas Employment Security Bd. of Review, 11 Kan. App. 2d 382, 387, 389, 724 P.2d 690 (1986).
14. Cited; under act, which is complete within itself with own procedure, "employer" (K.S.A. 44-703(h)(6)) remains such until status terminated (K.S.A. 44-711(b)). State ex rel . Wolgast v. Schurle, 11 Kan. App. 2d 390, 392, 722 P.2d 585 (1986).
15. Cited; classification as "successor employer" (K.S.A. 44-703, 44-710a) examined; court may determine law where facts undisputed. D S G Corp. v. Shelor, 239 Kan. 312, 316, 321, 720 P.2d 1039 (1986).
16. Unemployment compensation referee's factual findings were not entitled to res judicata or collateral estoppel in subsequent federal action. Gutierrez v. Board of County Comm'rs., 791 F. Supp. 1529, 1530, 1533 (1992).
17. Cited; whether claimant whose fixed-term job has ended has voluntarily left work without good cause examined. City of Lakin v. Kansas Employment Security Bd. of Review, 19 Kan. App. 2d 188, 190, 865 P.2d 223 (1994).
18. Whether teacher deemed laid off at end of each assignment for unemployment compensation purposes examined. U.S.D. No. 500 v. Womack, 20 Kan. App. 2d 608, 612, 890 P.2d 1233 (1995).