# Brown v. United Methodist Homes for the Aged

> Supreme Court of Kansas · July 12, 1991 · 249 Kan. 124

URL: https://www.frixlaw.com/law-library/cases/9850624

## Case

- **Full name:** Richard Virgil Brown, Appellee/Cross-Appellant, v. United Methodist Homes for the Aged, Appellant/Cross-Appellee
- **Court:** Supreme Court of Kansas
- **Decided:** July 12, 1991
- **Citations:** 249 Kan. 124; 815 P.2d 72; 1991 Kan. LEXIS 138
- **Precedential status:** Published
- **Opinion:** Concurrence by Abbott
- **Judges:** Allegrucci, Abbott
- **Cited by:** 117 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9850624

## How later opinions describe it (automated extraction)

- finding question of fact when employment at-will language added to manual after plaintiff's employment

## Opinion text

Abbott, J.,
concurring: Based on the record before us, I concur in the result. I disagree with the majority that the jury instruction on retaliatory discharge was not erroneous. The word “solely” unduly restricts the employee’s cause of action for retaliatory discharge.
It will be a rare employer who admits the reason an employee is terminated is in retaliation for filing a workers compensation claim. Some other reason will always be expressed and, when a jury is instructed the employee can only recover if the discharge was “solely” because the employee filed a workers compensation claim, the employee simply will not prevail on a retaliatory discharge claim.
I would not reverse in this case, however, because the employee failed to submit a proposed instruction in writing on the subject.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9850624. Public record. Not legal advice.