Human Resource Blog

Kansas law

I was recently terminated, for failure to clock out when I left company property for 15 minutes. I had never made this mistake prior to this, and never been warned or written up for such behavior. I know kansas is an “at will” state, but for one mistake to be immediatley discharged seems harsh.

Does the employer have the right to deny me unemployment for such behavior?

Employers are understandably concerned when an employee is off the premises, but on the clock.  Here’s why: it’s a huge legal liability. If the employee is injured, or is involved in an accident (like an auto accident) where someone else is injured, it will mean an expensive lawsuit for the employer. Often the employer’s workers’ comp insurance won’t cover a worker who is off the premises and not working. But, because the employee is on the clock, the employer may be financially responsible unless they can show the worker was not on company business. The employer would probably win the lawsuit in a case like this, but the legal fees would be over $100,000.

 

Saying “I never went off the property without clocking out before” is a little like saying “I never stole from the company before.” Usually all it takes is once.

You may be surprised to learn that employers don’t grant or deny unemployment. That is done by the Kansas Department of Labor, Division of Employment Security, the state unemployment agency. Usually in order to collect unemployment, an employee must be out of work through no fault of his or her own. However, there are a number of exceptions. If an employee is denied unemployment, he or she has the right to appeal that decision with the state unemployment agency.