I am a different Expert and can assist you since your previous Expert is not currently online. From what you say, you actually work in Nebraska and not Kansas. In the end that doesn't make a lot of difference since the laws of Nebraska and Kansas are the same in terms of termination
rules. Both states are what are known as employment "at will
" states. That means that an employer may terminate an employee for any, or no, reason and with no notice or warning unless the termination would violate an employment contract, company policy or employment discrimination
law. That means that unless one of the exceptions applies in your case, your employer could terminate you even if the reason was arbitrary and had to do with something you did off the clock.
There are some states that do not allow employers to terminate employees or off-duty conduct that is unrelated to their work (which arguably this would not qualify for anyway since it was a fight with another employee), but neither Nebraska nor Kansas have such laws. That means that off-duty conduct can be used under as a basis for termination.
That said, if you apply for unemployment benefits
, there is a fair chance you might be able to successfully win your UI appeal should you be denied for being terminated for cause. That is because the employer would carry the burden of proof to show that you intentionally, or through gross negligence, violated a workplace rule, standard, policy, etc. If your employer cannot prove that, then you would win your UI appeal. However,
that does not change that the termination would have still be lawful.
If though you believe you fall within one of the exceptions I mentioned, then you should contact a local employment law
attorney to discuss filing a wrongful termination
suit for you.
Please let me know if you have any related follow up questions. I would be glad to assist you further if I can.