The Kansas employee separation process designates certain employer obligations and employee rights—and they can vary from other states.
This employee separation checklist and guide is here to offer an overview of those rights and obligations, including final paycheck requirements, separation notices, severance agreements, reporting employee termination, and withdrawing registration to do business in the state.
Kansas Employee Separation Checklist
- Provide final paycheck
- Issue separation notice
- Execute severance agreement
- Report termination
- Withdraw registration to do business
1. Final Paycheck Requirements in Kansas
Under Kansas employee termination laws, employees who separate from their employer must receive their final paycheck according to specific guidelines. Employees who are terminated or resign must be paid on the next scheduled payday. Any owed commissions should be paid no later than 30 days after the end of the contractual relationship.
The final paycheck must include all earned wages, though employers are not required to pay out unused vacation time unless stipulated by the employee’s contract or company policy.
Final wages can be delivered through regular pay channels, or mailed upon request. Employers who fail to comply may face penalties. Penalties include paying the unpaid wages, plus an additional one percent of the unpaid amount for each business day it remains unpaid, up to the original amount owed.
2. Firing Employees in Kansas
Firing employees in Kansas is permissible for any reason, so long as it’s not illegal. Kansas is an at-will employment state. However, the state does require that organizations who provide a group health insurance plan, and have fewer than 20 employees, notify separated employees of their right to continue coverage under Kansas’ state-level COBRA law. The notice must be provided in a “reasonable time” after separation.
3. Severance Agreements in Kansas
If you have a severance agreement, pay close attention to the claims releases. First, make sure that the employee is only releasing claims that have arisen prior to the agreement’s effective date. You also must explicitly list the claims the employee is releasing under both federal and state law.
In Kansas, the state law claims that may be released fall under the Kansas Act Against Discrimination (K.S.A. § 44-1001, et seq.), Kansas Age Discrimination in Employment Act (K.S.A. § 44-1111, et seq.), Kansas’ leave laws, and Kansas’ minimum wage and overtime laws.
Don’t forget to review the relevant federal laws, too. Pay attention to the NLRB’s recent decision and subsequent guidance, which limits using non-disparagement and confidentiality provisions in severance agreements.
4. Reporting Employee Termination in Kansas
If you have an employee with Income Withholding for Support Order (“IWO”), you must report the employee’s termination as soon as possible to the child support agency, court, or attorney that issued the IWO. To expedite the reporting, register for online reporting with the Federal Office of Child Support Enforcement here.
Alternatively, you may report an employee’s termination by completing the Notification of Employment Termination or Income Status section of the IWO. Next, fax or mail it to the child support agency that issued it. You will need the following information:
- Employee Name
- Employee Case Identifier
- Last Known Home Address
- New Employer Address (if known)
- Date of Employee Separation
5. Withdraw Registration to do Business in Kansas
If separating from your last Kansas employee has ended your business activities in the state, you may formally withdraw your business registration. For-Profit Corporations, Non-Profit Corporations, and Limited Liability Companies (LLCs) must file a Certificate of Cancellation of Registration with the Kansas Secretary of State.
Stay Compliant with Kansas Employee Separation Requirements
Keeping up with Kansas Employee Separation Agreement requirements helps employers ensure regulatory compliance and lessen their organization’s legal risk.
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Looking for employee separation laws for a different state? Our interactive map makes it easy to find all employee termination requirements by state.
