Kansas Court Recognizes New Exception to At-Will Employment

In late 2012, Sean McCauley represented a Kansas State Trooper in a civil service board hearing held in connection with the Trooper’s termination for insubordination.  Based upon the evidence, Sean was able to persuade the civil service board that the Trooper should not be terminated.  The civil service board ordered reinstatement.  Upon reinstatement, however, the Trooper was immediately transferred from his hometown jurisdiction  in eastern Kansas to a jurisdiction on the west side of the state.  Morgan Roach filed a lawsuit alleging that the transfer was in retaliation for the Trooper exercising his statutory right to utilize civil service procedures.  The Defendants – the State of Kansas and the Superintendent of the Highway Patrol – filed motions to dismiss raising numerous legal arguments.  After the matter was fully briefed, the district court on December 19, 2013 entered an Order denying the motions to dismiss and holding that the Trooper had stated a tort claim for retaliation in violation of public policy.