44-831. Violations of right to work amendment; civil action for damages; attorneys' fees as costs, exception; limitation of actions. - Kansas Statutes

44-831

Chapter 44.--LABOR AND INDUSTRIES Article 8.--EMPLOYER AND EMPLOYEE RELATIONS

      44-831.   Violations of right to work amendment; civil action fordamages; attorneys' fees as costs, exception; limitation of actions.Any person who is aggrieved by any violation of the provisions ofsection 12 of article 15 of the constitution of the state of Kansas shallhave a cause of action against the person committing such violation for theactual damages sustained by the aggrieved person. In any such action, ifthe prevailing party recovers damages, the court shall award reasonableattorneys' fees to the prevailing party, to be taxed as part of the costsof such action, except that when a tender has been made by the adverseparty prior to the trial of such action on its merits, and the amountrecovered is not in excess of such tender, no such costs shall be allowed.

      Any action authorized by this section shall be commenced within one yearafter the cause of action shall have accrued.

      History:   L. 1975, ch. 255, § 1; July 1.