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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 Domestic Violence and Employment Law for Kentucky on
Q: Can I sue my employer for not respecting an EPO at work?

I have an Emergency Protective Order (EPO) against someone, and I included my workplace address in the EPO. The individual later began working at the same place. I presented a copy of the EPO to my management and requested a schedule change or more distance from this person, but they refused my... View More

Timothy Denison
Timothy Denison
answered on Mar 27, 2025

No. There are no damages.

1 Answer | Asked in Employment Law and Contracts for Kentucky on
Q: Non-profit employer won't pay despite negative test results

I work for a non-profit and was accused of being under the influence. My employer promised that if the test results were negative, I would be paid for the time I missed. The lab and MRO confirmed months ago that my employer received the negative results. Despite this, my employer has ignored my... View More

Timothy Denison
Timothy Denison
answered on Mar 16, 2025

You'll need to hire an employment lawyer to contact them on your behalf and try to recover the unpaid benefits for you.

1 Answer | Asked in Criminal Law, Employment Law, Family Law and DUI / DWI for Kentucky on
Q: How can I ensure the court considers my need for outpatient treatment in my plea deal in Kentucky?

I have agreed to a plea deal involving 45 more days of jail time, treatment, and five years probation for charges of wanton endangerment DUI 1st and possession of marijuana. My public defender has not been responsive to my questions. I am the primary caregiver for my children with health issues and... View More

Timothy Denison
Timothy Denison
answered on Mar 16, 2025

Provide all of this information as well as your treatment records to your public defender so he can submit them to the Court at your next hearing date.

1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: Held out of service unpaid pending unwarranted insubordination investigation. How long can this last?

I have been held out of service unpaid, pending an investigation for an unwarranted insubordination claim that resulted in my removal from my warehouse job. During this time, I have filed an ethics violation against the involved manager. I have eye-witness statements that verify the manager's... View More

Timothy Denison
Timothy Denison
answered on Mar 16, 2025

Unfortunately, the investigation can last a while before it concludes. You might want to consult a lawyer if the investigation is not concluded soon.

1 Answer | Asked in Employment Law, Criminal Law and Education Law for Kentucky on
Q: Can a KY public school use arrest records without conviction to decide not to hire?

I am applying for a coaching job at a public school, and I have two previous arrests involving drugs and minors; however, both charges were dismissed, and neither resulted in a conviction. I did not disclose these arrests in my application since they resulted in dismissed charges, but I am aware... View More

Timothy Denison
Timothy Denison
answered on Mar 14, 2025

Yes. Whether they will or not is a different story. You probably should have them expunged from your record as a safety precaution.

1 Answer | Asked in Employment Law and Civil Litigation for Kentucky on
Q: What can I do to regain access to my phone from my parents?

I recently turned 18 and am completely financially dependent on my parents. My father bought me a phone about four years ago, has always paid the bill, and explicitly gave it to me. Shortly before my 18th birthday, my parents suspended my phone and continue to keep it from me, refusing to discuss... View More

Timothy Denison
Timothy Denison
answered on Mar 5, 2025

Not really, no, especially since you are dependent upon them for housing and transportation. Might be better to make peace and retrieve phone rather than start a war over it.

1 Answer | Asked in Criminal Law, Employment Law and Legal Malpractice for Kentucky on
Q: Facing jail after failing rehab terms, is dismissal possible?

I was pulled over for not using a turn signal, and they brought a K9 to the stop. They found an empty bag and a broken pipe and claimed there was one-tenth of meth. I was arrested, paid to get out, and signed a deal for rehab and three years probation with drug tests. I spent 15 days in the rehab... View More

Timothy Denison
Timothy Denison
answered on Mar 2, 2025

No. It should’ve not been thrown out bc you failed to complete. Most likely you will get ad neither chance and not go to jail.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can a factory refuse to hire me based on gender in KY?

I applied for a position at a factory in Kentucky that did not list specific requirements or qualifications. I was informed via email to consider applying for a different position, which pays less. My sister-in-law, who works there, mentioned they only hire women for the position I applied for, and... View More

Timothy Denison
Timothy Denison
answered on Feb 28, 2025

No. You can bro g a gender discrimination suit against them.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: How long after resigning a position in September 2023 does one have to open a probable discrimination case?

After 17 years in the same supervisory position with nearly spotless evaluations I was manipulated into resigning. I was approved to receive a company ordered reasonable accommodation for a documented disability that was never implemented.

Timothy Denison
Timothy Denison
answered on Feb 4, 2025

Three years in state court.

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.

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