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Kentucky Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Sexual Harassment for Kentucky on
Q: I have a female supervisor that keeps flirting, touching, and making comments, I think she's being more than nice.

I'm male and in my ninth week at a new job in a warehouse and within the first week my female boss and i started talking about how we both use to work at the same company at different times and how working at this new company was a refreshing and relaxed change and while we were talking, she... Read more »

Carrie Dyer
Carrie Dyer answered on Oct 14, 2020

You should first inform your supervisor that her behavior makes you uncomfortable and ask that she stop. If her behavior does not change, you should immediately follow your employer's policies regarding reporting sexual harassment. If your employer does not have a policy in place, then report... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Is an employer allowed to hold you back from employment based on medical conditions?

I passed a background check and the required physical testing and the nurse is still questioning my anxiety and hep C. Also non narcotic medicine that I take such as flexiril and ibuprofen 800. I have been dealing with GE appliances in this since Aug 18th 2020.

Rhiannon Herbert
Rhiannon Herbert answered on Sep 30, 2020

Assuming your medical conditions would not prevent you from performing your job, you may have a claim for perceived disability discrimination under the Americans with Disabilities Act. The ADA offers protection to individuals with disabilities and to individuals whose medical conditions do not... Read more »

1 Answer | Asked in Employment Law for Kentucky on
Q: I have been suffering from depression lately for many reasons. Can I be written up for that by my boss?

One of my bosses is aware of my depression. The rest are not. A week ago it was slow at work, we close at 9, and another boss of mine who is not aware of my depression, asked if I wanted to go home early. I said yes, because I assumed it was because we were slow. The next night, my boss who is... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 10, 2020

Hi more information is needed to fully evaluate your situation. However, it seems as though your depression was taken into account when your manager wrote you up for your "sullen attitude." Your depression may qualify as a disability under the Americans with Disabilities Act. I would... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: I left work in an ambulance from Illness shortness of breath I was asked to work without being clocked. Do I have a case

I was sick for a couple months. I was asked to come back repeatedly eventually I told her I would even though I wasn’t 100%. When I showed up she had informed me that they terminated me in the system to get around having to complete some of monthly training. So I could not clock in I wasn’t in... Read more »

Timothy Denison
Timothy Denison answered on Aug 25, 2020

You may have a claim for the 4-5 hours you worked but that is all. The Labor Board might be interested in the fact they showed you as terminated in the system. That smacks of fraudulent behavior.

1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: Can my employer terminate me for not coming in on my scheduled off days, even though I'm not paid to be on call 24/7?

My supervisor advised me that I would be fired if I didn't come into work on my scheduled off day. We are all "on call" but we are not paid to be on call.

Timothy Denison
Timothy Denison answered on Aug 14, 2020

Yes. Kentucky is an at will state, meaning they can fire you for any reason or no reason at all.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can I get 5yrs dial-up automated time system data to prove members were not at work at time they called in to clock out?

I need answer in detail PLZ. I've endured great deal of retaliation/bullying & unfair wages due to members leaving work & dumping work duties on me. Have filed grievances & complaints were under investigation by then VP of Production till Pandemic shifted priorities. Company is... Read more »

Timothy Denison
Timothy Denison answered on Jul 23, 2020

Yes, you can probably get the automated time records.

1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: My husband was fired during a Dr’s order to quarantine due to his contact with someone who died of covid 19.

What can we do?

Timothy Denison
Timothy Denison answered on Jul 9, 2020

Probably not much bc Kentucky is an at will employment state, meaning they can fire you for any reason or no reason at all.

1 Answer | Asked in Employment Law for Kentucky on
Q: after 14 years with this company I put in for a personal leave of absence and was given it.Had to be at least two weeks

Now ten months later I put in same request before start of shift company website missed shift got home e-mail said Personal Leave of Absence is denied. Im 63 -14 years on the job now fired for missing work can they do this amzn

Carrie Dyer
Carrie Dyer answered on Jul 8, 2020

More information is needed to analyze your situation. What was the reason for your request for the Personal Leave of Absence? Was the request related to a medical issue? If so, did you provide your employer with enough information to know that your request may have been covered by the Family... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: Am I being laid off?

I put in my two weeks with my current employer. My manager told me I can work the next two weeks and then my employment will be terminated. Her boss (part owner/owners son) said I can only work the next week and then my employment with their company ends. Does that mean they laid me off? I know... Read more »

Timothy Denison
Timothy Denison answered on Jun 7, 2020

If you have your two weeks notice, you are not being laid off and you cannot draw unemployment. How the last two weeks are handled is solely within the discretion of the Employer.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can my employer fire me after being furloughed from work then not reporting when called back cause sick under Dr care?
Timothy Denison
Timothy Denison answered on May 17, 2020

Unless you can prove that your termination is retaliatory, Kentucky is an at will state which means an employer can fire you for any reason or no reason at all.

1 Answer | Asked in Contracts and Employment Law for Kentucky on
Q: My contract states I will be paid $100/month for healthcare. I haven’t received this since I’ve signed 28 months ago.

Would this negate the rest of my contract? Could this be considered “withholding payment? No employees have received this money. I have brought it up verbally multiple times to

my boss and our accountant in front of witnesses, though never in writing. I am always told we will receive it... Read more »

Timothy Denison
Timothy Denison answered on May 11, 2020

Filing suit for breach of contract is your next step.

1 Answer | Asked in Employment Law for Kentucky on
Q: do i have to report a severance package to unemloyment in Kentucky when i have been terminated

was terminated but was told i will receive a severance package. Kentucky unemployment is asking questions about severence pay when i try to file.

Rhiannon Herbert
Rhiannon Herbert answered on May 6, 2020

The general rule is that you cannot collect unemployment and severance pay at the same time. Depending on how your severance package is structured (i.e. whether you are getting a lump sum or a series of payments over the next few payroll periods), you will not be eligible for unemployment during... Read more »

1 Answer | Asked in Appeals / Appellate Law and Employment Law for Kentucky on
Q: Unemployment teleconference/hearing on whether appeal was timely?

I was laid off almost two years ago for lack of work with a former company and was instructed by my employer to claim unemployment benefits. I claimed benefits for 6 months. Long story short I have been self isolating due to the pandemic in my home town. Upon returning to town a few weeks ago I... Read more »

Charles William Michaels
Charles William Michaels answered on May 5, 2020

If your former employer admitted their mistake, and let the UI know, I fail to see any reason for an appeal. Perhaps the conference call or hearing can clear this up.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can my employer fire me for not going back to work to my non-essential job during covid-19?

I am a receptionist for a privately owned dental office. I have been laid off for a couple weeks. The doctor has been going in by himself to treat emergencies only. He just got approved for the PPP loan and tells us today (Friday) that all his staff have to come back to work Monday or they will be... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Apr 22, 2020

This is a tough situation. It sounds like your employer is a small employer (employs 50 or less employees). If that is the case, then the job protections set forth in the Families First Coronavirus Response Act may not apply to you. However, you may be protected under the Americans with... Read more »

1 Answer | Asked in Employment Law for Kentucky on
Q: Is it wrongful termination if I get fired for telling my boss i am doing treatment for drug abuse, according to ADA?

I told him i had an appointment set up for treatment for drug abuse and he fired me on the spot for that reason specifically. This is in Paducah, Kentucky.

Carrie Dyer
Carrie Dyer answered on Mar 25, 2020

More details about your situation are needed. You may have a claim for disability discrimination under the Americans with Disabilities Act and Kentucky law. Current drug use is not afforded any protection under the ADA, but if you are former drug user, receiving treatment, you are entitled to... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Is it legal to fire an employee during this Covid-19 crisis without any previous problems or write ups

On Thursday morning the staff had a meeting with the owners and we told thst starting Monday they would be shutdown until the 30th and they would go fro there he came back from lunch and they fired him The only reasons he gave was thst my husband had said something about the owners and that he... Read more »

Carrie Dyer
Carrie Dyer answered on Mar 25, 2020

Kentucky is an at-will state. Therefore, as an employee, your husband can generally be fired for any reason at any time. There are very few exceptions. The COVID-19 crisis, alone, does not prevent an employer from being able to terminate an employee. You should contact an employment law... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can I be forced to resign after returning from a work injury?

I was placed at MMI and was given permanent work restrictions. My department stated that could not accommodate my restrictions. I was later called by someone who stated that I needed to resign or file for LTD, which is also resigning. Is this wrongful termination?

Timothy Denison
Timothy Denison answered on Feb 22, 2020

Possibly. Many more facts are needed to make such a determination. Contact an experienced employment law attorney near you and let them review for you.

1 Answer | Asked in Criminal Law and Employment Law for Kentucky on
Q: My former employer fired me for theft. Now he writes me letter stating that I owe him 14grand and if I pay him back in 3

My former employer wrote me a letter stating that I have 30 days to repay the lump sum of 14000 dollars or he will notify the county attorney's office and proceed with having me put in jail

Timothy Denison
Timothy Denison answered on Feb 13, 2020

Much more information is necessary to make an informed decision. Contact a criminal defense attorney near you who can evaluate the case and help you decide how to proceed.

1 Answer | Asked in Federal Crimes, Libel & Slander, Employment Law and Real Estate Law for Kentucky on
Q: If a former property manager violated KY statues, with misconduct and negligence but had assistance, how would you proce

I have received a verified complaint, and have filed a verified request for dismissal. How would you proceed to file suite against a former property manager and her accomplices for financial damage done to the LLC?

Timothy Denison
Timothy Denison answered on Feb 10, 2020

Many more facts are necessary to answer this question. I would consult a tenants rights attorney in your area and lay the facts out for them.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: My place of employment used the excuse that I have ex clients living with me to fire me.

I believe that it is due to me being gay. Another employee was fired a day before me due to her dating an ex client. Can I sue them for wrongful termination.

Timothy Denison
Timothy Denison answered on Feb 10, 2020

Much more info is needed to properly answer this question. Consult a competent practitioner who can review the facts.

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