[KS] Can an employer bring new allegations at an unemployment appeal beyond the termination letter?

Lexi, Chatbot

I understand how frustrating it can be to feel like your inquiry hasn't been addressed. Can you please share what specific legal issue you're inquiring about?

Lexi, Chatbot

Have you previously consulted with a lawyer regarding this matter, or is this your first time seeking legal assistance?

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your unemployment appeal.

Lori

Hey there! I'm Lori, an attorney with many years of experience, and I'm here to help you. I understand you're dealing with a Kansas unemployment appeal and are concerned about your former employer bringing up new issues during the trial. Is the matter still pending on appeal?

Lori

Great, it's good to know when your hearing is scheduled.

NOT true. Kansas unemployment law does NOT require an employer to stick only to the reason listed in the termination letter. In an unemployment appeal hearing, the employer can raise additional misconduct allegations, even if they were never mentioned in the termination letter. The Appeals Referee considers all evidence relevant to whether the claimant was discharged for “misconduct,” not just the employer’s stated reason at the time of firing.

Lori

In an unemployment appeal hearing, past issues, even those from over a year ago, can potentially be brought up by your employer. However, their relevance might be limited unless they directly relate to the reason for your termination or demonstrate a pattern of behavior. The focus is usually on recent conduct that led to your dismissal by the court.

Lori

Yes, unfortunately. Kansas unemployment hearings are not limited to the employer’s original termination reason. The hearing is de novo, meaning the appeals referee looks at all relevant facts, regardless of what the employer wrote or said at the time of discharge. (KS Admin Regs 48-1-4) Kansas Department of Labor guidance confirms that at the appeal hearing:

• Both parties may present any testimony and evidence relevant to the issue.
• Cross examination is allowed.
• The referee decides based on facts and law, not the employer’s HR paperwork.

This means the employer can introduce:

1. New allegations
2. Additional incidents
3. Policy violations not mentioned in the termination letter
4. Performance issues not previously discussed

As long as they relate to whether the discharge was for misconduct, the referee can consider them. (KS Admin Regs 49-21-3)

Lori

Yes, she will need to submit evidence and documents to "prove" her allegations of "misconduct."

Lori

It will need to be submitted under the rules of evidence and be tested for authenticity and hearsay, for example.

Lori

During the appeal proceedings.

Lori

During the proceedings -- you can question the relevance, authenticity and legal validity of the evidence offered by the employer.

Lori

Yes, of course. How can the past eight years of "reasons" be relevant if no action or discipline was taken against you in all that time? Makes no sense.

Lori

You might say something like, "If these issues from the past eight years were significant, why were they not addressed at the time? And why are they only being brought up now, after I have advanced my education and applied for a higher position?" This can help highlight the timing and potential motives behind the employer's actions.

Lori

You might also consider asking about the consistency of the employer's disciplinary actions. For example, "Can you explain why these issues were not documented or addressed consistently over the years?" This can help question the credibility of their claims.

Lori

You are welcome. Thank you for allowing me to assist you today. Have a nice day!