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Kentucky Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Tax Law for Kentucky on
Q: If I work for someone for over 10 years under the table and they fire me how do I get money owed to me
Rob Astorino Jr.
Rob Astorino Jr.
answered on Nov 8, 2024

You should contact an experienced Kentucky employment attorney immediately. Kentucky law states that any employee who leaves or is discharged from his employment shall be paid in full all wages or salary earned by him no later than the next normal pay period following the date of dismissal or... View More

2 Answers | Asked in Employment Law and Civil Rights for Kentucky on
Q: Am I being retaliated against

I have an assistant manager who told me she was going to send a employee home for a “bad attitude” this employee did not have an attitude if anything she was in a better mood then anyone there. I told this employee to be careful how she acts because the assistant manager was going to send her... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, there are a few key points to consider regarding potential retaliation:

1. Reduced hours: The significant reduction in your scheduled hours shortly after the incident could be seen as a potential form of retaliation, especially if it's a noticeable...
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1 Answer | Asked in Employment Law for Kentucky on
Q: Company gas cards with our names on them are we liable if someone takes them?

We were issued gas cards with our names on them by our company and we carried them all the time..now they want us to leave them at work out in the open for anyone to grab… but they say gas is being stolen.. is this legal???

James L. Arrasmith
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answered on Jun 2, 2024

If your company is asking you to leave gas cards with your names on them out in the open, this could lead to security and liability issues. Leaving the cards in an unsecured location increases the risk of theft or misuse, which could potentially be traced back to you if the cards are in your name.... View More

1 Answer | Asked in Employment Law for Kentucky on
Q: I just received a Notice of Entry of Appearance and Election of Electronic Service from my previous boss

There is a motion to hear on April 10th at 9

James L. Arrasmith
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answered on Apr 6, 2024

I understand this may be a stressful situation. Here are a few key points and suggestions based on the information you've provided:

1. Notice of Entry of Appearance: This means that an attorney has formally notified the court that they will be representing your former employer in the...
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1 Answer | Asked in Employment Law and Cannabis & Marijuana Law for Kentucky on
Q: Is it considered unlawful discrimination to refuse to offer employment based on the smell of marijuana on a prospect?
James L. Arrasmith
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answered on Mar 26, 2024

Refusing to offer employment based on the smell of marijuana on a candidate can be complex legally and varies by location and industry. In states where marijuana is legal for medical or recreational use, the situation is particularly nuanced. Employers still have rights to maintain a drug-free... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can I be suspended for another employees mistake but no action against that employee just me?

My manager told one employee that we wished it was me that made the mistake so he could fire me so instead he suspended me for 5 days no pay but nothing to the employee that made the mistake.

T. Augustus Claus
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answered on Feb 9, 2024

In Kentucky, if you are suspended for another employee's mistake with no action taken against the employee who actually made the mistake, especially if there's an expressed wish by the manager that you had made the mistake for the purpose of firing you, this could potentially be... View More

1 Answer | Asked in Business Law, Employment Law and Criminal Law for Kentucky on
Q: Can an unsupervised probationer half to give consent to a urine sample during a ground search at a business.

My work place is gonna be being searched by an on going investigation of money laundering and prostitution and drugs.

T. Augustus Claus
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answered on Dec 28, 2023

When a workplace is subject to an ongoing investigation for various illegal activities, including money laundering, prostitution, and drug-related offenses, law enforcement authorities may conduct searches. During these searches, individuals on unsupervised probation may be asked to provide consent... View More

2 Answers | Asked in Civil Rights, Employment Law and Landlord - Tenant for Kentucky on
Q: I live and previously worked for hotel 8 months can they just fire me and call police and make me leave without eviction

I have worked as on site maintenance at woodspring suites hotel for 8 months , they refused to pay me any overtime, will not pay me for on call time , which I have been on call every other day from clock out till 8 am next morning and not allowed to leave the property during this time. I have now... View More

James L. Arrasmith
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answered on Nov 24, 2023

In your situation, there are a few key legal issues to consider. Firstly, regarding your employment and unpaid overtime, you have rights under labor laws. Since you mention being on call and not being paid appropriately, you might have a claim for unpaid wages. It's important to document all... View More

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1 Answer | Asked in Contracts, Employment Law, Education Law and Government Contracts for Kentucky on
Q: Is it legal for my school to not allow staff to leave the campus to go get lunch for ourselves?

Our school has made a district wide decision that no staff member is allowed to leave the campus during our lunch time to go and get food. We have been told that our community has complained that we don't work enough.

Timothy Denison
Timothy Denison
answered on Sep 23, 2024

Most likely yes. You’d need to look at the collective bargaining l agreement (if there is one) to find the answer.

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Employment Law for Kentucky on
Q: Department of corrections placed my fiance in The Brady center can I file an action due to him dying in the facility

I know the people that work there are supposed to do checks ever so often they didn't do so or they would have seen him brain dead he laid there so long

James L. Arrasmith
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answered on Jul 27, 2024

I understand how devastating this situation must be for you. If you believe that the Department of Corrections staff at The Brady Center were negligent in their duty to perform regular checks, leading to your fiancé's death, you might have grounds to file a legal action. It’s important to... View More

1 Answer | Asked in Business Law, Contracts and Employment Law for Kentucky on
Q: Can you be made to sign away your, required by Kentucky Law, mandatory work breaks?

In Kentucky there are mandatory Break periods - 10 minutes for every 4 hours worked and if you work over 5 hours, a mandatory meal break between your third and fifth hour. But my neighbor has been coerced to sign away their breaks for nothing in return to work at a local fast food restaurant. This... View More

Timothy Denison
Timothy Denison
answered on May 27, 2024

Sound like a violation of Ky labor laws. A complaint to the Labor Board might resolve the problem.

1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: I am a senior citizen and was fired recently over a statement I was accused of saying. Which I never said!

Supposedly,I was accused of calling an African a "lazy N word". Supposedly there was an investigation done but the only person I believe was asked about the situation would call me "old and ugly". I should have reported him for these statements and other statements but I... View More

Timothy Denison
Timothy Denison
answered on May 15, 2024

Specifically, what is your question? More info is needed to answer your question properly.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: In the state of Kentucky can previous employers disclose if I was terminated?
Timothy Denison
Timothy Denison
answered on May 8, 2024

They should not, no.

1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: In the state of Kentucky, can an employer force you to go in the negatives on your PTO versus taking the day unpaid?

Ex. Employee is moving within the next three weeks and asked employer for the day off due to moving day falling on a Monday. Employer made it aware that the employee does not have PTO accrued and then told the employee have no choice other than to go to into the negatives on PTO, or come in... View More

Timothy Denison
Timothy Denison
answered on Apr 1, 2024

It should be set out in the Employee Handbook your employer should have given you when you were hired.

1 Answer | Asked in Civil Litigation, Criminal Law, Employment Law and Sexual Harassment for Kentucky on
Q: What can be done when an inmate has been sexually assaulted by a corrections officer?

My girlfriend was incarcerated at a women's prison facility in Virginia for several years. There's been two substantiated PREAS filed and found true. My girlfriend used 27 razor blades to take her own life when she was incarcerated all bc of this corrections officer and the way that she... View More

Timothy Denison
Timothy Denison
answered on Mar 10, 2024

If she took her own life, how is she now home with separation anxiety?

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: I was hired at a new job, so I quit my previous job. Now the new employer is ignoring me. Do I need a lawyer?

I put 2 weeks notice in and after the 2 weeks I contacted my new employer and he said he would get back to me with a start date. Now he keeps ducking me when I ask about the date. I quit my job because he told me I was hired. What can I do?

Timothy Denison
Timothy Denison
answered on Feb 26, 2024

You should determine your status with the new company before you take any action at all.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Who do you go to when the owner knows the manager is covering for her family employees?

They still from the safe, the register on camera.

They sell and use drugs in the building on camera. She keeps some people on payroll after supposed termination. They end up coming back. She takes hrs from other employees to feed or fix the problems for the ones that use drugs. Could use... View More

Timothy Denison
Timothy Denison
answered on Feb 7, 2024

Contact the sheriffs department or the FBI and report the matter.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Is an employer being discriminatory when employees are not treated equally concerning benefits ?

Current employer refuses to allow my fiance and her son to be covered under my health benefits due to us not being married. Less than 1 year after this happened, employer is allowing another employees "partner" to be covered under her health benefits( they are both female )

Is... View More

Timothy Denison
Timothy Denison
answered on Dec 27, 2023

Could be an equal protection violation but more facts are necessary to determine.

1 Answer | Asked in Employment Law for Kentucky on
Q: Can I terminate an employee who was court ordered not to work by a county judge?

I manage a fast food restaurant in Kentucky. I have an employee who is involved in drug court. The employee was ordered not to work do to medical reasons related to drug use. Am I able to terminate the employee in order to hire someone who can work?

T. Augustus Claus
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answered on Nov 2, 2023

The employee is unable to work due to a court order. This is a legitimate reason to terminate the employee. Additionally, you are not required to hold the employee's position open until they can return to work.

Unfortunately, due to the nature of internet questions and responses, the...
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