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Kentucky Employment Law Questions & Answers
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

1 Answer | 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

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: I was suspended from work for a customer stealing cigarettes when I was on my break. Can they do that? Do I have a case?

I am being accused of being involved in this theft. I had talked to this customer beforehand and he left so I took a break then he came back in the store and stole cartons of cigarettes and walked out while I was outside on my break. I’ve never seen this man a day in my life and I definitely... View More

T. Augustus Claus
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answered on Oct 30, 2023

Employers have a broad right to discipline their employees for any reason, as long as the reason is not illegal or discriminatory. In your case, your employer may argue that you were negligent in your duties by not preventing the customer from stealing the cigarettes. They may also argue that you... View More

1 Answer | Asked in Employment Law for Kentucky on
Q: Can I sue my employer for ignoring my Physical health

I started feeling really hot and dizzy so I sat down in the brake room becuase I was about to fall over and she came in and started yelling at me and threatened to fire me if I didnt get back up and work I threw up 2 minutes later

T. Augustus Claus
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answered on Oct 20, 2023

In Kentucky, if you believe that your employer is ignoring your physical health and subjecting you to unsafe working conditions, you may have legal options. Your first step should be to document the incident, any conversations, and any medical issues you experienced as a result. You should also... View More

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 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 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

Timothy Denison
Timothy Denison
answered on Nov 21, 2023

You need to file a complaint with the Kentucky Labor Board regarding all the monies owed to you. As far as the eviction, it appears you may have some defenses. Check with your local legal aid society regarding possible pro bono or reduced fee representation.

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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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.

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