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Kentucky Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Kentucky on
Q: In the state of KY, if I am salary and miss work because of COVID, should I still get paid?

I am a salary employee. I have COVID and am having to miss work because of it. Can my employer dock my pay because of this?

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 27, 2021

This will depend on how much work you will be missing. Salaried employees' pay may be reduced if they are absent from work for one or more full work days. However, if you only miss part of your work day, your pay cannot be reduced.

1 Answer | Asked in Constitutional Law, Employment Law and Employment Discrimination for Kentucky on
Q: Which legal discipline do I go to for constitutional legality of Fed vax mandates and possible EEOC denial?

Also, which State if I remote work permanently in a different state than my employer. I pay state taxes to Kentucky but support Federal Agency in Virginia.

Timothy Denison
Timothy Denison
answered on Oct 26, 2021

Con Law. Kentucky.

1 Answer | Asked in Contracts, Employment Law, Landlord - Tenant and Sexual Harassment for Kentucky on
Q: I've been a guest at budgtel Inn for 4 months.they are kicking me out without giving me a reasonable amount time.

I was a housekeeper but I was being sexually harassed by someone and when brought to the owners attention I was wrongfully fired and now I'm being kicked out can they just do that

Timothy Denison
Timothy Denison
answered on Oct 23, 2021

You have two separate issues: 1) a possible sexual harassment case and 2) an eviction. Unless you have a lease on the space, they can ask you to leave anytime with reasonable notice.

1 Answer | Asked in Business Law and Employment Law for Kentucky on
Q: Is it legal to be fired over denying the vaccine even with a religious exemption?

A little back story is the CEO of the company I worked for sat me down and said I have a week and half to get vaccinated or bring in a religious/health exemption. I brought In a religious exemption but was informed they are denying it. There’s more details but that the main story. My question is... View More

Carrie Dyer
Carrie Dyer
answered on Oct 6, 2021

The answer to your question depends on the basis for your religious exemption, as well as whether your request for modification of the mandatory vaccination policy would cause your employer undue burden. You should contact an employment law attorney in your area to discuss the details of your... View More

1 Answer | Asked in Employment Law for Kentucky on
Q: Can an employer make me bring in a paper saying i’m Covid positive

I took an at home covid test which came back positive, can my employer require me to go to the doctor for proof on paper that I am positive. This is for unpaid quarantine

Maurice Mandel II
Maurice Mandel II
answered on Sep 22, 2021

This kind of problem is under laws that are specific to each state, and different. This could be an invasion of your privacy or violate some other local requirement. However, it could be a reasonable requirement from the employer to determine whether your absence was excusable for HR purposed..... View More

Q: I'm a independent contractor for the company doordash. If they have breach their contract with me can there be a lawsuit

Every month they assign "dashers" a premium service called "top dasher" if you meet all their requirements by the end of the month. I've met all of there requirements for 15 months, and this month, they refused to give me this service. This service entitles dashers more... View More

Timothy Denison
Timothy Denison
answered on Aug 4, 2021

Theoretically, there could be a lawsuit. However, it would cost more in money, time and trouble than you could ever hope to recover.

1 Answer | Asked in Contracts and Employment Law for Kentucky on
Q: Who owes me money? My former employer or my bank?

My former employer gave me a paper check that I deposited into my primary bank. I was told by the bank that the check was bad. They told me I didn't have to pay the fees for it, but that I was going to have my account closed.

I let my employer know and they gave me the okay to... View More

Timothy Denison
Timothy Denison
answered on Aug 3, 2021

Sue them both.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can KY employee be legally fired after informing employer he needs surgery and another injury has not properly healed?

Stepdad has foot surgery months ago and had physical therapy, and the therapist was too aggressive and reinjured his foot, so he had to take another 6 weeks off, Docs orders. Foot still not healed. And his other foot now needs surgery. He informed his employer, who then fired him. Is this... View More

Timothy Denison
Timothy Denison
answered on Jul 27, 2021

It’s possibly discriminatory, depending on other underlying facts in the case.

1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: Can I be fired for suffering a miscarriage?

I was terminated for having a miscarriage. The child had a heartbeat on may 30th but no longer on may 1st when I was admitted to the emergency room. I called my boss and spoke to him that day told him what was happening and that the emergency room had given me a note to be out until may 5th. I was... View More

Timothy Denison
Timothy Denison
answered on May 6, 2021

No. You may have a claim against your employer but more facts are needed to make that determination.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: I work at Detention facility. I am only put in certain units, whereas other co-workers are routinely rotated.

They demoted me twice, last year. Once time from an acting sergeant position, due to mistake that I made, the second from a training officer, with no explanation for the second one. When I ask the lieutenant and sergeants about this, they say I get placed in these units because I have no... View More

Timothy Denison
Timothy Denison
answered on May 1, 2021

No.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can an employer fire an employee, contracted or full-time, if the employee seeks legal help on being discriminated.

This is NOT about sexual orientation (that I'm aware of). My partner and I are working for a small company, I'm full-time and he is contracted. There are 3 office employees and 2 coworkers that have been hostile towards both of us at different times for the past month, HR is one of the... View More

Timothy Denison
Timothy Denison
answered on Apr 7, 2021

Probably not advisable but more facts are needed to properly answer. Schedule an appointment with an employment lawyer.

2 Answers | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: I need to fill out an affidavit for my housekeeper verifying her self-employment but I'm not sure what to say.

What statements do I need to make?

Timothy Denison
Timothy Denison
answered on Mar 24, 2021

That she works for you snd makes x dollars.

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1 Answer | Asked in Employment Law for Kentucky on
Q: Im a 1099 Independent contractor who fits all catagories of a Employee. How do i get what ive been cheated out of?

Ive worked for a guy for 4 years as a 1099 on average 80 hours a week for straight pay, no unemployment for winter layoff or or anyother benfits besides loans i paid back with intrest. I was unaware there was a differece and we had agreed that i could buy his buisness in 3 years he didnt honor... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 3, 2021

Courts consider numerous factors when determining whether a worker is properly classified as an employee or as an independent contractor. Employers sometimes misclassify their employees as independent contractors to avoid the minimum wage and overtime laws that apply to employees (and as you... View More

1 Answer | Asked in Employment Law for Kentucky on
Q: How long can I be required to stay on shift if my relief doesn't show for their shift? I work at a hotel in Kentucky.

I recently stayed due to weather because the only person coming in had only worked one day. I tried to get a little sleep during his shift because I'd already worked 8hrs and had to be back on duty 8 hrs after his shift but now they won't pay me for the hours I stayed.

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 30, 2020

Federal law does not set maximum hour caps on how much employees can work, so even if your employer requires you to work 24 or more hours at a time, this is not an unlawful act. However, you must be paid for all the time you spend performing work. In your situation, you must be paid for all the... View More

2 Answers | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Employment Law for Kentucky on
Q: How can I collect on a civil suit that was awarded to me for being injured at work that was never paid?
Timothy Denison
Timothy Denison
answered on Dec 24, 2020

Find a lawyer to enforce the judgment and execute on the employer. If they are still in business, they have assets.

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1 Answer | Asked in Employment Law and Sexual Harassment for Kentucky on
Q: I have a female supervisor that keeps flirting, touching, and making comments, I think she's being more than nice.

I'm male and in my ninth week at a new job in a warehouse and within the first week my female boss and i started talking about how we both use to work at the same company at different times and how working at this new company was a refreshing and relaxed change and while we were talking, she... View More

Carrie Dyer
Carrie Dyer
answered on Oct 14, 2020

You should first inform your supervisor that her behavior makes you uncomfortable and ask that she stop. If her behavior does not change, you should immediately follow your employer's policies regarding reporting sexual harassment. If your employer does not have a policy in place, then report... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Is an employer allowed to hold you back from employment based on medical conditions?

I passed a background check and the required physical testing and the nurse is still questioning my anxiety and hep C. Also non narcotic medicine that I take such as flexiril and ibuprofen 800. I have been dealing with GE appliances in this since Aug 18th 2020.

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 30, 2020

Assuming your medical conditions would not prevent you from performing your job, you may have a claim for perceived disability discrimination under the Americans with Disabilities Act. The ADA offers protection to individuals with disabilities and to individuals whose medical conditions do not... View More

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