I see. This is going to be a case of unfair treatment that does not have legal recourse; except to file for unemployment
, which he certainly would receive in this scenario. I'll explain further.
Kansas like most states is an employment at will state - meaning you can be disciplined or terminated for any reason that is not otherwise a violation of law. These exceptions are the civil rights protections (e.g., age, race, sex, religion), violations of public policy (e.g., fired for attending jury duty, for refusing to break the law, for reporting illegal activity by the employer (aka a "whistleblower violation"), or having some contractual right to a just cause employment (meaning the employer cannot terminate you without industrial due process - which basically insures a fair and accurate investigation and decision). Without any of these exceptions, courts find that the employer has a legitimate business right to operate its business however it sees fit and the court will not second-guess the employer. These policies and decisions may in fact be awful and clearly not fair or even make good business sense. However, they are not ultimately unlawful.
In this scenario what is being alleged is certainly verbal harassment to the point that, if it could be tied to his age, race, disability or gender, it would be considered discrimination and be an exception to the employment at will law. However, even if he could establish discrimination, the discrimination laws do not cover employers this small; the threshold is 15 or more employees. So there is no law that covers this type of harassment and for this small of an employer at this time. Although, it sounds as if he would most definitely qualify for unemployment compensation- thus it certainly would be worth his time to apply for that.
I believe this answers your question - although it may not give him the recourse you were looking for, it is correct legal information, which is all I can give you. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – select the Reply to Expert or Continue Conversation button. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best.