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Kentucky Employment Law Questions & Answers
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... Read 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... Read 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..... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Employment Law for Kentucky on
Q: I have been suffering from depression lately for many reasons. Can I be written up for that by my boss?

One of my bosses is aware of my depression. The rest are not. A week ago it was slow at work, we close at 9, and another boss of mine who is not aware of my depression, asked if I wanted to go home early. I said yes, because I assumed it was because we were slow. The next night, my boss who is... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 10, 2020

Hi more information is needed to fully evaluate your situation. However, it seems as though your depression was taken into account when your manager wrote you up for your "sullen attitude." Your depression may qualify as a disability under the Americans with Disabilities Act. I would... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: I left work in an ambulance from Illness shortness of breath I was asked to work without being clocked. Do I have a case

I was sick for a couple months. I was asked to come back repeatedly eventually I told her I would even though I wasn’t 100%. When I showed up she had informed me that they terminated me in the system to get around having to complete some of monthly training. So I could not clock in I wasn’t in... Read more »

Timothy Denison
Timothy Denison answered on Aug 25, 2020

You may have a claim for the 4-5 hours you worked but that is all. The Labor Board might be interested in the fact they showed you as terminated in the system. That smacks of fraudulent behavior.

1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: Can my employer terminate me for not coming in on my scheduled off days, even though I'm not paid to be on call 24/7?

My supervisor advised me that I would be fired if I didn't come into work on my scheduled off day. We are all "on call" but we are not paid to be on call.

Timothy Denison
Timothy Denison answered on Aug 14, 2020

Yes. Kentucky is an at will state, meaning they can fire you for any reason or no reason at all.

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