Post employment inquiries - Kansas

Summary of differences between federal and state regulations

In Kansas, an employer/former employer or designee may disclose information to a prospective employer information about an employee/former employee with “qualified” immunity from liability. “Absolute” immunity from liability is provided for disclosures of the following information:

• Dates of employment,
• Pay,
• Job description,
• Job duties, and
• Wage history.

“Absolute” immunity from liability is provided for written disclosures (upon written request of a prospective employer) of the following information:

• Written employee evaluations prior to the employee’s leaving employment with the employer. The employee/former employer must be given a copy upon request.
• Reason(s) for separation and whether the employee left voluntarily or involuntarily.

An employer that discharges an employee may not prevent or try to prevent that employee from obtaining employment, except to give reason(s) for separation, upon request. Agricultural employers may not blacklist a person in order to encourage/discourage any sort of membership to any entity.

Upon request, terminated employees must receive a letter containing the dates of employment, job classification, and wage rate of the employee.

State

Contact

Kansas Department of Labor

Regulations

Kansas Statute 44-117, Employer not to prevent discharged employee from obtaining employment

Kansas Statute 44-119a, Employer immunity from liability and suit for disclosure of employment information

Kansas Statute 44-808, Unlawful acts of employer

Kansas Statute 44-828, Prohibited practices

Federal

Contacts

None.

Regulations

None.