Violations of right to work amendment; civil action for damages; attorneys' fees as costs, exception; limitation of actions

44-831. Violations of right to work amendment; civil action for damages; attorneys' fees as costs, exception; limitation of actions. Any person who is aggrieved by any violation of the provisions of section 12 of article 15 of the constitution of the state of Kansas shall have a cause of action against the person committing such violation for the actual damages sustained by the aggrieved person. In any such action, if the prevailing party recovers damages, the court shall award reasonable attorneys' fees to the prevailing party, to be taxed as part of the costs of such action, except that when a tender has been made by the adverse party prior to the trial of such action on its merits, and the amount recovered is not in excess of such tender, no such costs shall be allowed. Any action authorized by this section shall be commenced within one year after the cause of action shall have accrued. History: L. 1975, ch. 255, § 1; July 1. Law Review and Bar Journal References: "Recovery of Attorney Fees in Kansas," Mark A. Furney, 18 W.L.J. 535, 559 (1979). "Tort Law: Kansas Further Limits Employment-at-Will By Providing Relief for Whistleblowers [Palmer v. Brown, 242 Kan. 893, 752 P.2d 685 (1988)]," Lisa K. Hammer, 28 W.L.J. 172, 180, 182, 184 (1988). CASE ANNOTATIONS 1. Cited; discharge of probationary employee in retaliation for reporting employer's illegal practices as actionable tort examined. Palmer v. Brown, 242 Kan. 893, 896, 752 P.2d 685 (1988). 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