Kansas Statutes 75-4316. Discharge of public employee declaring or subjected to bankruptcy, wage earners’ plan or similar proceeding unlawful; “public employee” defined; violation of act declared misdemeanor
Attorney's Note
Under the Kansas Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 1 year | up to $2,500 |
Terms Used In Kansas Statutes 75-4316
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Public employee: means any person employed by any public agency, except those persons classed as supervisory employees, professional employees of school districts, as defined by subsection (c) of Kan. See Kansas Statutes 75-4322
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) For the purpose of this act, “public employee” means any employee of the state of Kansas, any employee of a city incorporated under the laws of the state of Kansas or any employee of a county, township, school district or other political subdivision of the state of Kansas.
(b) No public employee shall be discharged from employment solely by reason of the fact that he or she has availed himself or herself of or has been subjected by creditors to any proceeding in a state or federal court due to such employee’s financial condition, which shall include, but not be limited to, a proceeding in bankruptcy, a proceeding to effect a wage earners’ plan or any other similar proceeding instituted because of such employee’s insolvency.
(c) Any person who discharges a public employee from employment in violation of this act shall be guilty of a class A misdemeanor.