Woman Sues for Wrongful Dismissal

• Key point. A dismissed employee can pursue a wrongful dismissal claim against a former employer even if he or she was guilty of job-related misconduct of which the employer was unaware. However, if the employer learns of the misconduct following the employee's dismissal, the damages to which the employee is entitled will be limited.

A Kansas court ruled that an employer can be sued for wrongful dismissal of an employee even if it later learns that the employee had engaged in misconduct on the job that would have resulted in her dismissal had the employer been aware of it. A church-affiliated nursing home dismissed an employee as a result of her inconsiderate treatment of residents. She later sued her former employer for wrongful dismissal. While the lawsuit was pending the employer learned that the former employee had engaged in an act of theft in the course of her employment that ...