Unlawful acts of employer

44-808. Unlawful acts of employer. It shall be unlawful for any employer (1) To interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in K.S.A. 44-803: Provided, however, That no provision of this act shall be so construed as to deprive that employer of his right of "free speech" as guaranteed by both the state and federal constitutions. (2) To dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it: Provided, That an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay. (3) To refuse to furnish, upon written request of any employee whose services have been terminated, a service letter setting forth the tenure of employment, occupational classification and wage rate paid the employee. (4) To discharge or otherwise discriminate against an employee because he has brought action or given information or testimony in good faith under the provisions of this act. (5) To deduct labor organization dues or assessments from an employee's earnings, unless the employer has an individual order therefor, presented and signed by the employee personally, and terminable at the end of any year of its life by the employee giving at least thirty (30) days' written notice of such termination. (6) To employ any person to spy upon employees or their representatives respecting their exercise of any right created or approved by this act. History: L. 1943, ch. 191, § 7; L. 1955, ch. 252, § 2; July 1. Law Review and Bar Journal References: Mentioned in nisi prius decision relating to injunction against a strike, 3 K.L.R. 76, 78 (1954). Compared with Taft-Hartley Act in discussing the right to work amendment, Dan Hopson, Jr., 8 K.L.R. 18, 30 n. 90 (1959). "Rights of Kansas Non-Union Employees Against Unjust Termination—Where Are We Now?" William C. Nulton, 54 J.K.B.A. 237, 238 (1985). "Personnel Policy Manuals as Legally Enforceable Contracts: The Implied-in-Fact Contract—A Limitation on the Employer's Right to Terminate at Will," Michael D. Strong, 29 W.L.J. 368, 373 (1990). CASE ANNOTATIONS 1. Subsection (1) cited in mandamus action to dissolve restraining order. Amalgamated Meat Cutters, Etc. v. Johnson, 178 Kan. 405, 407, 286 P.2d 182. 2. Enjoining picketing; facts show exclusive federal jurisdiction. Kaw Paving Co. v. International Union of Operating Engineers, 178 Kan. 467, 472, 290 P.2d 110. 3. Cited; nonunion employees may enjoin organizational picketing interfering with right to work. Binder v. Local Union No. 685, 181 Kan. 799, 804, 807, 317 P.2d 371. 4. National Labor Relations Board jurisdiction exclusive where unfair labor practice affects interstate commerce. Stieben v. Local Union No. 685, 181 Kan. 832, 835, 317 P.2d 436. 5. Jurisdiction of National Labor Relations Board and of state courts discussed. Hyde Park Dairies v. Local Union No. 795, 182 Kan. 440, 455, 321 P.2d 564. 6. Discussed; subsections (3), (12) and (13) of K.S.A. 44-809 held unconstitutional. Stapleton v. Mitchell, 60 F. Supp. 51, 52, 53, 55, 57. 7. Mentioned; organizational picketing enjoined. Continental Slip Form Builders v. Labor Local, 193 Kan. 459, 463, 392 P.2d 1004: Reversed on rehearing; lack of district court jurisdiction. Continental Slip Form Builders, Inc. v. Local Union, 195 Kan. 572, 408 P.2d 620. 8. Service letter sent on former employee's request did not violate section because it exceeded scope of information required. Richters v. Rollins Protective Service Co., Inc., 442 F. Supp, 941, 942. 9. Kansas Service Letter statute does not provide a civil cause of action for untruthful statements. Richters v. Rollins Protective Service Co., Inc., 442 F. Supp. 941. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026