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Kentucky Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can I be suspended for another employees mistake but no action against that employee just me?

My manager told one employee that we wished it was me that made the mistake so he could fire me so instead he suspended me for 5 days no pay but nothing to the employee that made the mistake.

T. Augustus Claus
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answered on Feb 9, 2024

In Kentucky, if you are suspended for another employee's mistake with no action taken against the employee who actually made the mistake, especially if there's an expressed wish by the manager that you had made the mistake for the purpose of firing you, this could potentially be... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: I was suspended from work for a customer stealing cigarettes when I was on my break. Can they do that? Do I have a case?

I am being accused of being involved in this theft. I had talked to this customer beforehand and he left so I took a break then he came back in the store and stole cartons of cigarettes and walked out while I was outside on my break. I’ve never seen this man a day in my life and I definitely... View More

T. Augustus Claus
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answered on Oct 30, 2023

Employers have a broad right to discipline their employees for any reason, as long as the reason is not illegal or discriminatory. In your case, your employer may argue that you were negligent in your duties by not preventing the customer from stealing the cigarettes. They may also argue that you... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: I was hired at a new job, so I quit my previous job. Now the new employer is ignoring me. Do I need a lawyer?

I put 2 weeks notice in and after the 2 weeks I contacted my new employer and he said he would get back to me with a start date. Now he keeps ducking me when I ask about the date. I quit my job because he told me I was hired. What can I do?

Timothy Denison
Timothy Denison
answered on Feb 26, 2024

You should determine your status with the new company before you take any action at all.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Who do you go to when the owner knows the manager is covering for her family employees?

They still from the safe, the register on camera.

They sell and use drugs in the building on camera. She keeps some people on payroll after supposed termination. They end up coming back. She takes hrs from other employees to feed or fix the problems for the ones that use drugs. Could use... View More

Timothy Denison
Timothy Denison
answered on Feb 7, 2024

Contact the sheriffs department or the FBI and report the matter.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Is an employer being discriminatory when employees are not treated equally concerning benefits ?

Current employer refuses to allow my fiance and her son to be covered under my health benefits due to us not being married. Less than 1 year after this happened, employer is allowing another employees "partner" to be covered under her health benefits( they are both female )

Is... View More

Timothy Denison
Timothy Denison
answered on Dec 27, 2023

Could be an equal protection violation but more facts are necessary to determine.

1 Answer | Asked in Employment Discrimination for Kentucky on
Q: If I was doing my job everyday . An on FMLA.an no conversation from employer about my work.ethics.lay me off med.issues.

I got layed off work with no warning .said because of my medical issues.there was never any talking to me about any problems.just layed me off at the end of my shift

Timothy Denison
Timothy Denison
answered on Sep 23, 2023

What is your question?

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Kentucky on
Q: 1. If u work for a 3rd party and u was sexually assaulted by the costumer employer are u not allowed to talk to their HR

I was told if my HR doesn’t help me to go to the costumers HR I tried talking but she stopped me told me she couldn’t help that I needed to talk to my 3rd part HR, I then received a call from my Hr hours later and was told that the costumer was upset with me and doesn’t won’t me back at the... View More

Timothy Denison
Timothy Denison
answered on Sep 2, 2023

You need to hire an employment attorney and let them handle this for you.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: if i worked for a trucking company for 7 years and i get fired for complaining about my steering tires on my day cab

Being bald it's my safety and others at risk

Timothy Denison
Timothy Denison
answered on May 15, 2023

They can file you for any reason or no reason at all.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can an employer go against an ada accommodation?

I live in ky and have a mental disability, i work for a call center and answering calls became too much. My dr filled out paperwork for offline work, it took them awhile but i was transferred to data entry where i was suppose to make outbound calls but i didnt bc it went against my restrictions.... View More

Timothy Denison
Timothy Denison
answered on May 15, 2023

As long as you can do the work set forth in the accommodation, they must follow the ADA.

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Kentucky on
Q: Can an employer mandate a drug screen, for 'workman's comp', 7 days post injury? Then use the results to terminate the

Employee based on the results based on violating a drug-free workplace policy? But, the employee had not been in the workplace for 7 days. Post injury & workman's comp window of time for testing had long passed. Not at fault for the injury.

No warning, was threatened to submit or... View More

Timothy Denison
Timothy Denison
answered on May 13, 2023

No. That is clearly pre textual for violating your civil rights. Hire a lawyer immediately.

1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: Can I be denied reasonable accommodation because of company’s HSE rule to rotate machines for ergonomic purposes
Timothy Denison
Timothy Denison
answered on Apr 22, 2023

No. You may not be denied reasonable accommodation.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can a place of employment run a background without my permission

I have been employed at a nursing home for 14 months they did their pre-hire background on me and hired me. today they said they did another one on me and they fired me can they run a background without my permission and the charges that were on the first background were also on the second... View More

Timothy Denison
Timothy Denison
answered on Apr 22, 2023

Yes. They can fire you for any reason or no reason.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: School employees could receive years experience raises.Was approved 2x, 3y ago.Harassing me past 2yrs to take it back

They stated since I worked another job within the system to better my education to get a better job. Under a different job title, they said that was considered double dipping and I did not qualify for the raise. Yet I met all qualifications filled out all the paperwork and was approved for it two... View More

Timothy Denison
Timothy Denison
answered on Apr 19, 2023

You may have an equal protection claim against the employer. More facts are needed to flesh this out correctly, but it is worth investigating.

1 Answer | Asked in Employment Discrimination for Kentucky on
Q: Can an Kentucky employer force you on short term disability if asking for a reasonable accommodation

I have ptsd anxiety and depression

Timothy Denison
Timothy Denison
answered on Mar 27, 2023

Only if no reasonable accommodation can be made.

2 Answers | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: I was denied a promotion at my job due to having FMLA in place for my husband who is sick.

Is this legal and what can I do cause the EEOC I can't even get an appointment with

Timothy Denison
Timothy Denison
answered on Mar 19, 2023

Go to the EEOC online portal and file a complaint with them online. You will never get through any other way.

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1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: Can me and my husband fight this?

My husband was exposed to 4 members of his family that had positive COVID tests; he called off work to get tested. We ended up having to do a home test due to our Medicaid lapsing; since his test was negative his job is trying to fire him for it. I'd also like to point out we live my... View More

Timothy Denison
Timothy Denison
answered on Mar 9, 2023

You can but it’s probably a loser. Kentucky is an employment at will state which means you can be terminated for any reason or no reason at all. If it was a commercial test rather than a home test, it would have made your case much stronger.

1 Answer | Asked in Employment Law, Employment Discrimination and Libel & Slander for Kentucky on
Q: Last year October 2021 to be exacti was terminated from my job after 13 yrs. I was fired via speaker phone. There's more

I wasn't offered EAP which is written Corporate Policy. When I went into work that evening, the Maint Supv asked "what are you doing here? He then told me had received an E-mail over the weekend announcing to those with access who are given a Marzetti E-mail account (leads, supervisors,... View More

Timothy Denison
Timothy Denison
answered on Nov 24, 2022

Unfortunately, the facts as you set them out above do not have the requisite elements for an employment discrimination claim or a libel and slander claim.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can employer add incidents on complaint to suspended me w/o pay for 4 days after proving initial susp letter false info?

My employer said they were going to suspend me without pay for 4 days bc I was a no call no show 3 times. I appealed and provided documentation that I had doctors excuse & called in (records from AT&T) On 2 of the dates. Now they have sent me info saying I was a no call no show on another... View More

Timothy Denison
Timothy Denison
answered on Nov 11, 2022

No. Should not be able to add incidents, especially where original incidents are proven unfounded. File a complaint with the Labor Board.

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