When you leave a job in Kansas, you must be paid on the next regularly scheduled payday. The rules are the same if you quit or were fired. You should be paid the same way you have been paid (unless you ask for your check to be mailed).

Also, private employers with more than 100 employees have to give workers 60 days notice before closing a workplace or laying off 50 or more workers. Workers can be paid for the days that they should have had notice. This is called Worker Adjustment and Retraining Notification (WARN). Some states have extra protections for more workers. Go to the "Big Layoffs & Bankrupt Bosses" link in the Resource Box on this page for more information.

Do I have a right to severance pay? No, unless there is an employment contract, a union contract, or a long history of your company paying severance pay in similar situations. If a large group of workers is being laid off, you should get 60 days notice or pay for any of those days you didn't have notice. See the link to "Big Layoffs and Bankrupt Bosses" in the Resource Box on this page for more information.

Do I get paid for my accrued vacation time when I leave a job? You have to be paid any unused vacation time that you earned. Although there is no law that says that vacation pay has to be paid when you leave your job, the courts in Kansas have said that "final wages' include accrued vacation pay.

Can my boss hold back my paycheck? No. No matter what, it's your money. Your boss can't hold your check until you return company property, until you finish a job, or any other reason.

HR may tell a worker that "when you drop off the equipment, you can collect your final check." That suggests you can't have your check unless you return the company property -- but you can. Even so, it's smart to return company property. In the future another company may be calling to ask for a reference (even if you didn't tell them to). If you have something that's worth a lot, the company could also take you to small claims court to get it back.

What are my rights if I have a union? If you have union protection, often the law requires following the union contract (or an employment contract) because you have more rights than non-union workers. Your union can help protect your rights more effectively than the law. Contact your union steward or representative for help getting your final pay.

What rights do independent contractors have to get a final check? Independent contractors can't file wage claims. They can take someone who doesn't pay them to small claims court. If you are just called independent contractors  so your boss can avoid the laws protecting you, you may be able to prove that you are really an employee (NOT an independent contractor) and win your rights and sometimes backpay, unemployment insurance, or workers' comp.

The Law: Kansas Statute Annotated 44-315

How the law is enforced: Kansas Department of Labor, Employment Standards