Terminating an Employee – at will state with exceptions

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Terminating an Employee – at will state with exceptions

A toxic co-worker is employed in the state of Kansas. ‘She’ has made several no less than 3 HR complaints against me and our boss. Our major worldwide corporation will not terminate due to fear of a lawsuit.

Is there a way around this or did she protect herself by filing these less than candid claims?

Asked on October 25, 2018 under Employment Labor Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, she has not "protected" herself.
1) If the claims are demonstrably untrue, they have no weight whatsover; just claiming something does not make it so or entitle you to any protection. So if these claims are "less than candid," they do nothing for her.
2) Even IF she had filed valid claims, she can still be fired for her own, unrelated wrongdoing: an employee who can be shown, for example, to defame or harass other employees, or to be insubordinate, can be terminated for that even if she was herself harassed in some way. Filing a valid claim is not a "get out of jail free card" for the employee's own wrongdoing; she can be terminated for what she does. Just to be safe make sure that all of her wrongdoing is well documentated and provable.


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