Lawyers, Answer Questions  & Get Points Log In
Kentucky Employment Law Questions & Answers
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... Read 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....
Read more »

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... Read 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... Read 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... Read 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... Read 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).

View More Answers

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.... Read 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... Read 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... Read 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... Read 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.

View More Answers

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... Read 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.

1 Answer | Asked in Bankruptcy, Consumer Law, Employment Law and Collections for Kentucky on
Q: My employer received a garnishment form to garnish my wages. The file date for garnishment was 2007. Is there time limit
Timothy Denison
Timothy Denison
answered on Jan 16, 2023

Yes. There is a 15 year statute of limitations on a judgment collection if it has not been renewed.

1 Answer | Asked in Criminal Law, Employment Law and Civil Rights for Kentucky on
Q: can an employee sue a supervisor for getting his car towed from the Hotel workplace, Lexington, KY, Hotel parking lot

the supervisor claimed he received a notice (he cannot produce said claimed notice), from the city telling him the car had to be towed from the hotel parking lot bec. it had a lot of stuff in the car.

in the meantime, said employee is lying in the hospital from a severe stroke, (August,... Read more »

Timothy Denison
Timothy Denison
answered on Jan 4, 2023

Theoretically, yes, but you could easily spend more money than it might be worth, depending of the $ of damages involved.

1 Answer | Asked in Employment Law, Employment Discrimination and Libel & Slander for Kentucky on
Q: Last year October 2021 to be exacti was terminated from my job after 13 yrs. I was fired via speaker phone. There's more

I wasn't offered EAP which is written Corporate Policy. When I went into work that evening, the Maint Supv asked "what are you doing here? He then told me had received an E-mail over the weekend announcing to those with access who are given a Marzetti E-mail account (leads, supervisors,... Read more »

Timothy Denison
Timothy Denison
answered on Nov 24, 2022

Unfortunately, the facts as you set them out above do not have the requisite elements for an employment discrimination claim or a libel and slander claim.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can employer add incidents on complaint to suspended me w/o pay for 4 days after proving initial susp letter false info?

My employer said they were going to suspend me without pay for 4 days bc I was a no call no show 3 times. I appealed and provided documentation that I had doctors excuse & called in (records from AT&T) On 2 of the dates. Now they have sent me info saying I was a no call no show on another... Read more »

Timothy Denison
Timothy Denison
answered on Nov 11, 2022

No. Should not be able to add incidents, especially where original incidents are proven unfounded. File a complaint with the Labor Board.

1 Answer | Asked in Employment Law and Constitutional Law for Kentucky on
Q: Can I sue 4damages lost job of 24 yr for not participating in experimental mRNA drug, failed 2 honor religious exemption

Decieved me with what they called" religious exemption" but in fact exempted me from accessing my benefits and earning wages health insurance etc. Drug was emergency use authorization only and was clearly and ineffective for stated purpose i claimed it wasn't legal from the... Read more »

Timothy Denison
Timothy Denison
answered on Nov 4, 2022

Depending on additional facts that need to be developed, you may possibly have a claim for damages for all or part of your loss.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.