Osipik Ex Rel. Osipik v. Jansen

The appellant seeks to recover statutory penalties under K. S. A. 44-308 for the refusal of his employers, the appellees, to pay the wages due him at the time he terminated his employment and after proper demand and notice. The penalty is the continur ation of wages at the rate the employee was receiving “until full and complete settlement is made.”

There is no dispute as to the wages due ($72) or the weekly wage ($102) comprising the basis for the penalty.

The employers’ defense is that appellant was indebted to them when he quit in the sum of $80 on a bad check which he took from a customer…