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Kentucky Employment Discrimination Questions & Answers
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 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.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can I get 5yrs dial-up automated time system data to prove members were not at work at time they called in to clock out?

I need answer in detail PLZ. I've endured great deal of retaliation/bullying & unfair wages due to members leaving work & dumping work duties on me. Have filed grievances & complaints were under investigation by then VP of Production till Pandemic shifted priorities. Company is... Read more »

Timothy Denison
Timothy Denison answered on Jul 23, 2020

Yes, you can probably get the automated time records.

1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: My husband was fired during a Dr’s order to quarantine due to his contact with someone who died of covid 19.

What can we do?

Timothy Denison
Timothy Denison answered on Jul 9, 2020

Probably not much bc Kentucky is an at will employment state, meaning they can fire you for any reason or no reason at all.

1 Answer | Asked in Employment Discrimination for Kentucky on
Q: Can I be written up and possibly fired for only working 8 hours per day?

I work for a nonprofit that is under the abilityone program. My doctor stated in a letter to my employer that I can only work 8 hours per day. Several other employees have similar restrictions. One only works 4 hours per day.

Timothy Denison
Timothy Denison answered on Jun 27, 2020

Could be a violation of the Americans with Disabilities Act.

2 Answers | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Immigration Law for Kentucky on
Q: I was denied entry in a bar and I believe I got racially profiled and discriminated for being an immigrant.

They allowed a white male underage to come in, she asked to check my id and I showed her my american visa and she said no. I asked why she had a problem and she said I need a ky id but I can’t I’m a immigrant. She then proceed to threaten to call the cops. I’m feeling so humiliated, I... Read more »

Timothy Denison
Timothy Denison answered on Jun 12, 2020

What other evidence do you have of racial profiling?

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1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: Am I being laid off?

I put in my two weeks with my current employer. My manager told me I can work the next two weeks and then my employment will be terminated. Her boss (part owner/owners son) said I can only work the next week and then my employment with their company ends. Does that mean they laid me off? I know... Read more »

Timothy Denison
Timothy Denison answered on Jun 7, 2020

If you have your two weeks notice, you are not being laid off and you cannot draw unemployment. How the last two weeks are handled is solely within the discretion of the Employer.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can my employer fire me after being furloughed from work then not reporting when called back cause sick under Dr care?
Timothy Denison
Timothy Denison answered on May 17, 2020

Unless you can prove that your termination is retaliatory, Kentucky is an at will state which means an employer can fire you for any reason or no reason at all.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can my employer fire me for not going back to work to my non-essential job during covid-19?

I am a receptionist for a privately owned dental office. I have been laid off for a couple weeks. The doctor has been going in by himself to treat emergencies only. He just got approved for the PPP loan and tells us today (Friday) that all his staff have to come back to work Monday or they will be... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Apr 22, 2020

This is a tough situation. It sounds like your employer is a small employer (employs 50 or less employees). If that is the case, then the job protections set forth in the Families First Coronavirus Response Act may not apply to you. However, you may be protected under the Americans with... Read more »

1 Answer | Asked in Employment Discrimination for Kentucky on
Q: Can a cop make you tell your boss about a situation that happened after work to get you fired?

I went to dollar general and I unintentionally walked out with merchandise that I didnt pay for. When I got home I was missing a few things I did pay for& asked them to watch the cameras. After I hung up I saw the merchandise that I didnt pay for and tried to call back they wouldnt pick up it... Read more »

Timothy Denison
Timothy Denison answered on Apr 9, 2020

You always have the right to remain silent. You should hire a criminal defense attorney and you may be able to get it diverted or dismissed.

2 Answers | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Is it legal to fire an employee during this Covid-19 crisis without any previous problems or write ups

On Thursday morning the staff had a meeting with the owners and we told thst starting Monday they would be shutdown until the 30th and they would go fro there he came back from lunch and they fired him The only reasons he gave was thst my husband had said something about the owners and that he... Read more »

Carrie Dyer
Carrie Dyer answered on Mar 25, 2020

Kentucky is an at-will state. Therefore, as an employee, your husband can generally be fired for any reason at any time. There are very few exceptions. The COVID-19 crisis, alone, does not prevent an employer from being able to terminate an employee. You should contact an employment law... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can I be forced to resign after returning from a work injury?

I was placed at MMI and was given permanent work restrictions. My department stated that could not accommodate my restrictions. I was later called by someone who stated that I needed to resign or file for LTD, which is also resigning. Is this wrongful termination?

Timothy Denison
Timothy Denison answered on Feb 22, 2020

Possibly. Many more facts are needed to make such a determination. Contact an experienced employment law attorney near you and let them review for you.

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.

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