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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11248
Experience:  Significant experience in all areas of employment law.
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I had an employee that came to me because another employee

Customer Question

I had an employee that came to me because another employee was using racial names to him he asked her to stop.
I asked other employees and the confirmed it
When I confronted the employee she said it was funny.
I fired her. She signed the complaint form and now she wants a copy of it so she can file her own complaint. I am in KS what do I have to give her?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
In Kansas, the law does not require private sector employers to provide employees or former employees with documents from their personnel file. This means that an employer is under no legal obligation to provide a copy of the complaint form that a former employee signed regarding allegations of racially motivated harassment, even if the former employee is now requesting a copy. It is also worthy of note that the former employee would have absolutely no basis for a legal claim against the employer because they were fired under these circumstances.
I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.
Customer: replied 1 year ago.
As an employer I was right in firing her because of her calling someone a racial slur, even after she was asked not to?
Customer: replied 1 year ago.
As an employer I did have the right to fire her for using racial slurs towards another employee after asked not to correct?
Expert:  Patrick, Esq. replied 1 year ago.
It was absolutely an appropriate reaction. In fact, these requires you to take reasonable steps to prevent this sort of harassment from continuing to occur or your business can become liable for the harassment. It seems like you made the right judgment call.