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Kentucky Employment Discrimination Questions & Answers
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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,... View More

Hector E. Quiroga
PREMIUM
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... View 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... View 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... View 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.

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