44-702.
Declaration of state public policy.
As a guide to the interpretation and application of this act, the public policy of this state is declared to be as follows: Economic insecurity, due to unemployment, is a serious menace to health, morals, and welfare of the people of this state. Involuntary unemployment is therefore a subject of general interest and concern that requires appropriate action by the legislature to prevent its spread and to lighten its burden that now so often falls with crushing force upon the unemployed worker and such worker's family. The achievement of social security requires protection against this greatest hazard of our economic life. This can be provided by encouraging employers to provide more stable employment and by the systematic accumulation of funds during periods of employment to provide benefits for periods of unemployment, thus maintaining purchasing power and limiting the serious social consequences of poor-relief assistance. The legislature, therefore, declares that in its considered judgment the public good and the general welfare of the citizens of this state require the enactment of this measure, under the police powers of the state, for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed. The state of Kansas is committed to maintaining and strengthening access to the unemployment compensation system, including through initial and continuing claims. All persons and employers are entitled to a neutral interpretation of the employment security law.
History:
L. 1937, ch. 255, § 2; L. 2013, ch. 106, § 1; L. 2020, ch. 1, § 27 (Special Session); June 9.
Notes of Decisions
Jones v. Kansas State Univ., 106 P.3d 10 (Kan. 2005).
· cites it 2× “See K.S.A. 44-702; K.S.A. 75-2925. If the legislature had intended this definition to apply under K.”
Kansas ex rel. Gordon v. Oliver (In re Oliver), 554 B.R. 493 (Bankr. D. Kan. 2016).
· cites it 2× “[Social security] can be provided by encouraging employers to provide more stable employment and by the systematic accumulation of funds during periods of employment to provide benefits for periods of unemployment, thus maintaining purchasing power and limiting the serious…”
Johnson v. Kansas Emp. Sec. Bd. of Review, 330 P.3d 1128 (Kan. Ct. App. 2014).
· cites it 4× “All persons and employers are entitled to a neutral interpretation of the employment security law" K.S.A. 2013 Supp. 44-702. As the district court noted, the Board's interpretation of K.”
Wesley Med. Ctr. v. McCain, 597 P.2d 1088 (Kan. 1979).
· cites it 2× “The State’s goals of the Employment Security Act are specifically set forth in K.S.A. 44-702, which states: “[T]he public policy of this state is declared to be as follows: Economic insecurity, due to unemployment, is a serious menace to health, morals, and welfare of the people…”
D S G Corp. v. Shelor, 720 P.2d 1039 (Kan. 1986).
· cites it 2× “In K.S.A. 44-702, the Kansas legislature declared it to be the public policy of the state that involuntary unemployment is a subject of general interest and concern which requires appropriate action by the legislature.”
Sw. Bell Tel. Co. v. Emp. Sec. Bd. of Review, 502 P.2d 645 (Kan. 1972).
· cites it 2× “) K.S.A. 44-702 reads in part: "As a guide to the interpretation and application of this act, the public policy of this state is declared to be as follows: Economic insecurity, due to unemployment, is a serious menace to health, morals, and welfare of the people of this state.”
Leiker v. Emp. Sec. Bd. of Review, 659 P.2d 236 (Kan. Ct. App. 1983).
“, was specifically declared at K.S.A. 44-702, which follows: “As a guide to the interpretation and application of this act, the public policy of this state is declared to be as follows: Economic insecurity, due to unemployment, is a serious menace to health, morals, and welfare…”
Pouncil v. Kansas Emp. Sec. Bd. of Review, 970 P.2d 547 (Kan. Ct. App. 1998).
· cites it 2× “That report does not indicate that Pouncil ever received any compensation payments. While Pouncil did at one point in her testimony seem to say she had received compensation benefits, the only corroboration of that statement in the record is the fact that she was treated by Dr.”
City of Lakin v. Kansas Sec. Bd. of Review, 865 P.2d 223 (Kan. Ct. App. 1993).
“K.S.A. 44-702 articulates our public policy to be concerned with involuntary unemployment as a serious menace to the health, welfare, and morals of Kansans.”
Gutierrez v. Bd. of Cnty. Commissioners, 791 F. Supp. 1529 (D. Kan. 1992).
“K.S.A. 44-702. A employee discharged from employment in Kansas is entitled to unemployment benefits unless the employer proves by a preponderance of the evidence that the employee is disqualified from benefits.”
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