Printable Format65-4928. Employer retribution for reporting; prohibition; remedy. (a) No employer shall discharge or otherwise discriminate against any employee for making any report pursuant to K.S.A. 65-4923 or 65-4924.
(b) Any employer who violates the provisions of subsection (a) shall be liable to the aggrieved employee for damages for any wages or other benefits lost due to the discharge or discrimination plus a civil penalty in an amount not exceeding the amount of such damages. Such damages and civil penalty shall be recoverable in an individual action brought by the aggrieved employee. If the aggrieved employee substantially prevails on any of the allegations contained in the pleadings in an action allowed by this section, the court, in its discretion, may allow the employee reasonable attorney fees as part of the costs.
History: L. 1986, ch. 229, ยง 9; July 1.
CASE ANNOTATIONS
1. Whether lack of pretermination process violated discharged county employee's procedural due process rights examined. Anglemeyer v. Hamilton County Hosp., 848 F. Supp. 938, 940 (1994).
2. Federal trial court did not abuse discretion by dismissing state claims after deciding federal claim. Anglemeyer v. Hamilton County Hosp., 58 F.3d 533, 540 (1995).