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Kentucky Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Kentucky on
Q: As a public employee in ky can my employer harass me for bumper sticker on personal vehicle
T. Augustus Claus
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answered on Aug 28, 2023

Public employees in Kentucky, like individuals in most states, have certain rights to freedom of speech and expression, even in their personal lives. While displaying a bumper sticker on a personal vehicle generally falls under this protection, there could be limitations or considerations based on... View More

1 Answer | Asked in Employment Law and Cannabis & Marijuana Law for Kentucky on
Q: What are the laws in Ky at the moment for not hiring or firing someone for using legal CBD products?

Was dined a job for showing positive for THC in urine and I only use CBD gummies, vape and oils instead of Mobic for my arthritis which has severe health problems associated with medication. Was informed any use of CBD products will cause you to fail and I could not be employed and when when the... View More

John Michael Frick
John Michael Frick
answered on May 24, 2023

Currently, Kentucky does not offer any sort of employment protection to legal CBD users.

In Kentucky, CBD products are legal if they contain 0.3% or less THC. In order to test positive in a typical urine test, a user would need to consume more than 2,000 mg of legal CBD products / day....
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1 Answer | Asked in Employment Law and Government Contracts for Kentucky on
Q: My jobs time system requires us to clock out, and then approve our time. Would this be considered working off the clock?

I am working on a government contract in Kentucky. I work on the computer to perform my work and they use a time keeping system that requires us to clock in and out daily, as well as clock in and out for our two 15 minute breaks and 30 minute lunch. At the end of the night when we clock out we have... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 18, 2023

You should contact a Kentucky employment attorney to discuss your situation in further detail, because whether off-the-clock work is compensable is a very fact-specific analysis. In addition, federal law generally requires breaks of 20 minutes or less to be paid. If you are required to clock in and... View More

1 Answer | Asked in Employment Law and Health Care Law for Kentucky on
Q: As a KY nurse, can my current hospital "hold" me to prevent me from changing jobs?

As a nurse in KY, I have accepted a new job.my current employer is threatening to "hold" me in my current job for 90 days to prevent me from leaving/accepting the new job. Is this legal?

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 26, 2022

While your employer can't force you to remain in your current role, there may be legal ramifications if you decide to leave early. For example, if you signed a contract stating you'd remain in the role for a certain amount of time and then leave before that time is up, your employer may... View More

1 Answer | Asked in Employment Law for Kentucky on
Q: My employer wants me to clock in and out for bathroom breaks and I also had an ADA form filled out from my Doctor

I have a medical condition that causes me to have very frequent bathroom breaks my HR department wanted my doctor's office to fill out an ADA form but now that they have the form my employer wants me to clock in and out for bathroom breaks when no one else has to what can i do about this?

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 28, 2022

You should contact a Kentucky employment attorney to discuss your situation in greater detail. Generally, break periods of 20 minutes or less constitute paid time. In addition, if you are being treated differently than other employees based on your disability and accommodation request, this can... View More

1 Answer | Asked in Contracts and Employment Law for Kentucky on
Q: Am I bound to a 30 day leave notice in my employment contract?

Suppose I have an employment contract that says I have to give 30 days notice before resigning. Could my employer really force me to work against my will for 30 days? Could I be sued for not fulfilling the 30 day notice requirement?

Timothy Denison
Timothy Denison
answered on Sep 16, 2022

Theoretically, yes, although that is generally not how it happens. Once you give notice, they will generally ask you to leave shortly after that. The notice period rarely ever comes into play.

2 Answers | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Kentucky on
Q: If a female is sexually harassed by her boss at they’re place of work and it is a corporate company what can she do?
Rhiannon Herbert
Rhiannon Herbert
answered on May 11, 2022

This individual should first make a written report of the instances of harassment to the company's HR department. If corrective action is not taken after this, this individual can next file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC).

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1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Kentucky on
Q: 1. If u work for a 3rd party and u was sexually assaulted by the costumer employer are u not allowed to talk to their HR

I was told if my HR doesn’t help me to go to the costumers HR I tried talking but she stopped me told me she couldn’t help that I needed to talk to my 3rd part HR, I then received a call from my Hr hours later and was told that the costumer was upset with me and doesn’t won’t me back at the... View More

Timothy Denison
Timothy Denison
answered on Sep 2, 2023

You need to hire an employment attorney and let them handle this for you.

1 Answer | Asked in Employment Law, Business Law, Civil Rights and Gov & Administrative Law for Kentucky on
Q: I found out a global organization that I had applied to a while back gave out an I-9 form with all of my info. Help?

I recently found out a global organization based out of Singapore that I had applied to a while back gave out an I-9 form with all of my information to someone else who was applying to the company. Thankfully the woman who received it reached out to me, she said it had my phone number, ssn,... View More

Timothy Denison
Timothy Denison
answered on Aug 2, 2023

There might possibly be but if they’re located in Singapore, be expensive and difficult to litigate. Additionally, it sounds like there are no damages so I probably wouldn’t pursue it.

2 Answers | Asked in Employment Law, Tax Law and Traffic Tickets for Kentucky on
Q: a citation for not having a permit paper cause I was wanting to learn how to drive I lied about permit what will happen

I lied about having a permit cause there was 3 police cars Kentucky is church bell im trans I was just wanting to learn I wish I can go back and tell them I was just trying to learn how to drive what will happen in court ? Or the outcome will I be in jail for along time it’s my first ever law... View More

Timothy Denison
Timothy Denison
answered on Jul 17, 2023

Probably diversion or some probated time. Not likely any jail time.

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1 Answer | Asked in Employment Law, Business Law and Constitutional Law for Kentucky on
Q: My husband has an accusation against him and has been locked out of things while an investigation is moving forward - t

The company refuses to disclose the accusations and said in 21 days they will disclose upon findings in the meantime he is prevented from working. Is that legal?

What I should also say is he is the President of a Non-profit LLC

Timothy Denison
Timothy Denison
answered on Jun 7, 2023

Yes. It is legal and you really can’t do much until the investigation is completed.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: if i worked for a trucking company for 7 years and i get fired for complaining about my steering tires on my day cab

Being bald it's my safety and others at risk

Timothy Denison
Timothy Denison
answered on May 15, 2023

They can file you for any reason or no reason at all.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can an employer go against an ada accommodation?

I live in ky and have a mental disability, i work for a call center and answering calls became too much. My dr filled out paperwork for offline work, it took them awhile but i was transferred to data entry where i was suppose to make outbound calls but i didnt bc it went against my restrictions.... View More

Timothy Denison
Timothy Denison
answered on May 15, 2023

As long as you can do the work set forth in the accommodation, they must follow the ADA.

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Kentucky on
Q: Can an employer mandate a drug screen, for 'workman's comp', 7 days post injury? Then use the results to terminate the

Employee based on the results based on violating a drug-free workplace policy? But, the employee had not been in the workplace for 7 days. Post injury & workman's comp window of time for testing had long passed. Not at fault for the injury.

No warning, was threatened to submit or... View More

Timothy Denison
Timothy Denison
answered on May 13, 2023

No. That is clearly pre textual for violating your civil rights. Hire a lawyer immediately.

1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: Can I be denied reasonable accommodation because of company’s HSE rule to rotate machines for ergonomic purposes
Timothy Denison
Timothy Denison
answered on Apr 22, 2023

No. You may not be denied reasonable accommodation.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can a place of employment run a background without my permission

I have been employed at a nursing home for 14 months they did their pre-hire background on me and hired me. today they said they did another one on me and they fired me can they run a background without my permission and the charges that were on the first background were also on the second... View More

Timothy Denison
Timothy Denison
answered on Apr 22, 2023

Yes. They can fire you for any reason or no reason.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: School employees could receive years experience raises.Was approved 2x, 3y ago.Harassing me past 2yrs to take it back

They stated since I worked another job within the system to better my education to get a better job. Under a different job title, they said that was considered double dipping and I did not qualify for the raise. Yet I met all qualifications filled out all the paperwork and was approved for it two... View More

Timothy Denison
Timothy Denison
answered on Apr 19, 2023

You may have an equal protection claim against the employer. More facts are needed to flesh this out correctly, but it is worth investigating.

2 Answers | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: I was denied a promotion at my job due to having FMLA in place for my husband who is sick.

Is this legal and what can I do cause the EEOC I can't even get an appointment with

Timothy Denison
Timothy Denison
answered on Mar 19, 2023

Go to the EEOC online portal and file a complaint with them online. You will never get through any other way.

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1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: Can me and my husband fight this?

My husband was exposed to 4 members of his family that had positive COVID tests; he called off work to get tested. We ended up having to do a home test due to our Medicaid lapsing; since his test was negative his job is trying to fire him for it. I'd also like to point out we live my... View More

Timothy Denison
Timothy Denison
answered on Mar 9, 2023

You can but it’s probably a loser. Kentucky is an employment at will state which means you can be terminated for any reason or no reason at all. If it was a commercial test rather than a home test, it would have made your case much stronger.

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