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Kentucky Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: My place of employment used the excuse that I have ex clients living with me to fire me.

I believe that it is due to me being gay. Another employee was fired a day before me due to her dating an ex client. Can I sue them for wrongful termination.

Timothy Denison
Timothy Denison answered on Feb 10, 2020

Much more info is needed to properly answer this question. Consult a competent practitioner who can review the facts.

2 Answers | Asked in Employment Discrimination, Employment Law and Health Care Law for Kentucky on
Q: Possible wrongful termination question. Terminated while on leave with Doctor’s note.

I was removed short term from work August 2019 due to surgery. After surgery I had complications still and the dr felt I needed to be seen by another surgeon of his choice for a second opinion. The surgeon filled the required paperwork out and sent it to my short term disability company. They... Read more »

Carrie Dyer
Carrie Dyer answered on Jan 22, 2020

More information is needed to determine if you should have been eligible for job protection under the Family Medical Leave Act or eligible for an accommodation in the form of continued medical leave under the Americans with Disabilities Act. You should contact an employment attorney to discuss... Read more »

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1 Answer | Asked in Employment Law, Arbitration / Mediation Law and Employment Discrimination for Kentucky on
Q: What is the statute of limitations for initiating employment arbitration in the State of Kentucky Boone County please?
Timothy Denison
Timothy Denison answered on Nov 23, 2019

It depends on the issues in question. There is no exclusive right to arbitration in employment unless it is contractual.

1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: Is a manager allowed to tell fellow employees not other managers that I filed an unemployment claim
Timothy Denison
Timothy Denison answered on Nov 22, 2019

Poor management practice but yes, it is not actionable.

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for Kentucky on
Q: I fear that the dentist I work for is trying to have me fired and may go after my license. What recourse do I have?

I work for a corporate dental practice and the new office I transferred to has not been welcoming and the dentist has been very rude to me and has been trying to make me very uncomfortable so that I will quit. None of this has been overtly done but very passive aggressive. Now he has amplified by... Read more »

Timothy Denison
Timothy Denison answered on Nov 9, 2019

Document everything they do/you do. Follow all rules and guidelines implicitly and don’t cut corners. They don’t need a reason to fire you as KY is an employment at will state. If they’re going to fire you, nothing you can do to prevent it beforehand but consult an attorney immediatelt... Read more »

1 Answer | Asked in Employment Discrimination for Kentucky on
Q: Is it legal for the work place use video with audio to listen to personal conversations of the employees then used again
Timothy Denison
Timothy Denison answered on Nov 9, 2019

Yes, so long as everyone is aware that they are being recorded.

1 Answer | Asked in Employment Discrimination, Employment Law and Family Law for Kentucky on
Q: I was told I cannot work with children and possibly not in the medical field, is this true?

I was told this is due to CPS (dcbs) taking my kids years ago. My kids have since been adopted by my uncle and I'm pretty sure I never had charges pressed against me, I never hurt or neglected my kids.

Timothy Denison
Timothy Denison answered on Oct 7, 2019

It depends on the specific circumstances with regard to working with children but it should not preclude you from working in the medical field.

1 Answer | Asked in Workers' Compensation and Employment Discrimination for Kentucky on
Q: I was told that i can no longer do my old job which wad standing lifting bending stooping etc. I had a meniscus tear.

I had surgery but the dr said I need a knee replacement. FCE said sit down work only. How much can i expect feom a settlement and what is an acxeptable settlement. I was also let go the day after my surgery from an alleged incifent 3 weeks prior to the surgery.

Timothy Denison
Timothy Denison answered on Sep 20, 2019

It is impossible to predict a settlement amount without having all the medical records and bills to consider.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: I would like to file whistleblower, discrimmation and harassment..refusal to pay back pay against Teleperformance

I was harassed after going to HR to file complaint against supv..advising of discrimination, hostile work enviroment

Timothy Denison
Timothy Denison answered on Jun 22, 2019

Ok. You need to find an experienced civil rights attorney to handle your case so it is handled properly.

1 Answer | Asked in Immigration Law and Employment Discrimination for Kentucky on
Q: Can I travel outside USA when my EAD (under category A180) is under process?

I have a L2 VISA (valid till Sep 2021) and I have applied for EAD under category A18, and the application was received by USCIS (DALLAS, TEXAS center) on May 2nd 2019.

My spouse has a valid L1 VISA (valid till Sep 2021) and is currently employed in United States.

My question is,... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on May 15, 2019

As long as you are returning to the US on a valid L2, then a pending EAD application will not impact your ability to reenter in and of itself, nor should your brief absence impact your EAD application.

1 Answer | Asked in Employment Law, Education Law and Employment Discrimination for Kentucky on
Q: I got fired from my job today after taking a 2 day emergency leave because I was in the hospital . They took me off of

schedule and fired me . Can I sue for wrongful termination? I was in pain and sick for 6 whole weeks and still showed up everyday . I'm a teacher for a preschool and finally took two days off and now I need surgery and have no job.

Timothy Denison
Timothy Denison answered on Apr 6, 2019

Unfortunately, Kentucky is an “at will” state, which means they can fire you for any reason at all or no reason at all.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Am I required to hold an interview with every prospective employee? Could not doing so lead to discrimination lawsuits?
Timothy Denison
Timothy Denison answered on Feb 17, 2019

No. You are not. You simply must not deny anyone an interview or as job for an improper reason, such as race, sex, religion, natl origin, etc.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can I use desired character traits as a defense to employment discrimination allegations?

Let's say a woman comes into my business for a job interview and I'm looking for somebody with particular character traits that I would consider important in the maintenance of my workplace culture. If the woman in question gives an answer or performs an action that contradicts this... Read more »

Timothy Denison
Timothy Denison answered on Feb 16, 2019

Yes. You could use it as a defense unless there is an improper reason underlying the selection of the male. What you have described is a legitimate reason.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Kentucky on
Q: my boss seems to be treating me differently after i reported a coworker to hr for sexual comments

a coworker (female) and myself (male) went to hr about another coworker (male) for making sexual comments and asked us questions as well. after hr started an investigation the confidentality was leaked to other employees. hr said they solved both cases and until recently i found out that it was... Read more »

Timothy Denison
Timothy Denison answered on Aug 25, 2018

No.

1 Answer | Asked in Employment Law, Employment Discrimination and Gov & Administrative Law for Kentucky on
Q: How come I can get fired for going to Colorado and smoking cannabis but you can go to Las Vegas and gamble both illegal?

Both are illegal in the state of Kentucky and you can do one but not the other. Also add that a coworker got a dui and didn’t get fired because his dad is boss it is a public sector job. And the employee handbook states that if a dui occur that results in termination.

Timothy Denison
Timothy Denison answered on Aug 17, 2018

The short answer is your brought the marijuana from Colorado back to Kentucky where it shows up in your blood stream, which obviously violates the employers wellness policy. The gambling effects did not transfer nor did they occur in Kentucky where obviously the failed drug test did.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Issue at work ended me up in ER and me quitting my job. Can i sue?

My supervisor kept telling me i smell. Each time he would pull me aside and tell me, he would bring a different person with him. One time he did it while in the midst of other workers. He insisted on getting me essential oils even when i refused. He pressured me to try men's deodorant which... Read more »

Timothy Denison
Timothy Denison answered on Aug 12, 2018

It would be a very difficult case to pursue, especially since you quit. Your time and efforts are probably better used elsewhere.

1 Answer | Asked in Employment Discrimination for Kentucky on
Q: discrimination lawsuit or EEOC lawsuit in a workplace? if one person gets drug screen but another doesn't

A friend of mine is black and the other guy is white they both carried the same type of load different days apart and my friend hit a wall at work and went for a drug screen but was terminated the following sunday without knowing the results the other guy hit and hurt another employee and never... Read more »

Timothy Denison
Timothy Denison answered on Jul 23, 2018

EeOC complaint first, get right to sue letter. File suit.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: how long do i have to file for wrongful termination in kentucky. Ive seen 180 and 300.
Timothy Denison
Timothy Denison answered on Jul 23, 2018

90 days from the date you get your right to sue letter.

1 Answer | Asked in Employment Discrimination for Kentucky on
Q: Discrimination on job due to being pregnant.
Timothy Denison
Timothy Denison answered on Jul 5, 2018

What is the discrimination?

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can an employer force you to stay over your 8 hrs if they are needing individuals for overtime by holding the clock

They have a mandate list that everyones name goes on . They will start at the top and call each one asking if they want o.t. If you refuse its counted against you. And even the ppl that have FMLA are ask and if they refuse so many times they take hours from their FMLA TIME ... ISNT THIS... Read more »

Timothy Denison
Timothy Denison answered on Jun 23, 2018

Mandatory overtime is legal. If you refuse it can be counted against you. However, it is not legal to Penalize FMLA recipients while they are on leave or count it against them by deducting their time.

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