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Kentucky Employment Law Questions & Answers

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on

Q: I would like to file whistleblower, discrimmation and harassment..refusal to pay back pay against Teleperformance

I was harassed after going to HR to file complaint against supv..advising of discrimination, hostile work enviroment

Timothy Denison answered on Jun 22, 2019

Ok. You need to find an experienced civil rights attorney to handle your case so it is handled properly.

1 Answer | Asked in Employment Law and Workers' Compensation for Kentucky on

Q: Does my employer have to reinstate me into the exact position as when I was hurt?

I was injured at my job and have been off on Comp for 5 months and some change. I have been released to return to work. They are talking about demoting me from the position I was in to another. Can they do that or do they have to return me to my previous position before I got hurt?

Timothy Denison answered on Apr 9, 2019

As long as your pay is the same, they can put you in any position they need you in.

1 Answer | Asked in Employment Law, Education Law and Employment Discrimination for Kentucky on

Q: I got fired from my job today after taking a 2 day emergency leave because I was in the hospital . They took me off of

schedule and fired me . Can I sue for wrongful termination? I was in pain and sick for 6 whole weeks and still showed up everyday . I'm a teacher for a preschool and finally took two days off and now I need surgery and have no job.

Timothy Denison answered on Apr 6, 2019

Unfortunately, Kentucky is an “at will” state, which means they can fire you for any reason at all or no reason at all.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on

Q: Am I required to hold an interview with every prospective employee? Could not doing so lead to discrimination lawsuits?

Timothy Denison answered on Feb 17, 2019

No. You are not. You simply must not deny anyone an interview or as job for an improper reason, such as race, sex, religion, natl origin, etc.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on

Q: Can I use desired character traits as a defense to employment discrimination allegations?

Let's say a woman comes into my business for a job interview and I'm looking for somebody with particular character traits that I would consider important in the maintenance of my workplace culture. If the woman in question gives an answer or performs an action that contradicts this preference and... Read more »

Timothy Denison answered on Feb 16, 2019

Yes. You could use it as a defense unless there is an improper reason underlying the selection of the male. What you have described is a legitimate reason.

1 Answer | Asked in Employment Law and Military Law for Kentucky on

Q: I’m pending chapter , however my ets date is coming up can I still ets ? I was told I can’t but my leadership I feel lie

Robert Donald Gifford II answered on Jan 15, 2019

You are likely "flagged" and will be prevented from ETS'ing normally until your chapter paperwork is processed.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Kentucky on

Q: my boss seems to be treating me differently after i reported a coworker to hr for sexual comments

a coworker (female) and myself (male) went to hr about another coworker (male) for making sexual comments and asked us questions as well. after hr started an investigation the confidentality was leaked to other employees. hr said they solved both cases and until recently i found out that it was... Read more »

Timothy Denison answered on Aug 25, 2018

No.

1 Answer | Asked in Employment Law, Employment Discrimination and Gov & Administrative Law for Kentucky on

Q: How come I can get fired for going to Colorado and smoking cannabis but you can go to Las Vegas and gamble both illegal?

Both are illegal in the state of Kentucky and you can do one but not the other. Also add that a coworker got a dui and didn’t get fired because his dad is boss it is a public sector job. And the employee handbook states that if a dui occur that results in termination.

Timothy Denison answered on Aug 17, 2018

The short answer is your brought the marijuana from Colorado back to Kentucky where it shows up in your blood stream, which obviously violates the employers wellness policy. The gambling effects did not transfer nor did they occur in Kentucky where obviously the failed drug test did.

1 Answer | Asked in Employment Law for Kentucky on

Q: Issue at work ended me up in ER and me quitting my job. Can i sue?

My supervisor kept telling me i smell. Each time he would pull me aside and tell me, he would bring a different person with him. One time he did it while in the midst of other workers. He insisted on getting me essential oils even when i refused. He pressured me to try men's deodorant which caused... Read more »

Timothy Denison answered on Aug 13, 2018

Very doubtful you should sue, much less recover under the above facts. Time and money best spent elsewhere.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on

Q: Issue at work ended me up in ER and me quitting my job. Can i sue?

My supervisor kept telling me i smell. Each time he would pull me aside and tell me, he would bring a different person with him. One time he did it while in the midst of other workers. He insisted on getting me essential oils even when i refused. He pressured me to try men's deodorant which... Read more »

Timothy Denison answered on Aug 12, 2018

It would be a very difficult case to pursue, especially since you quit. Your time and efforts are probably better used elsewhere.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on

Q: how long do i have to file for wrongful termination in kentucky. Ive seen 180 and 300.

Timothy Denison answered on Jul 23, 2018

90 days from the date you get your right to sue letter.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on

Q: Can an employer force you to stay over your 8 hrs if they are needing individuals for overtime by holding the clock

They have a mandate list that everyones name goes on . They will start at the top and call each one asking if they want o.t. If you refuse its counted against you. And even the ppl that have FMLA are ask and if they refuse so many times they take hours from their FMLA TIME ... ISNT THIS... Read more »

Timothy Denison answered on Jun 23, 2018

Mandatory overtime is legal. If you refuse it can be counted against you. However, it is not legal to Penalize FMLA recipients while they are on leave or count it against them by deducting their time.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on

Q: Was i wrongfully terminated?

I am currently 6 and a half months pregnant and a couple of weeks ago i began to see that my pregnancy was taking a toll on my job as i was sent home because of abdominal pain. Today i was called in after working an 8 hr straight shift and told that i was not moving fast enough. I tried to explain... Read more »

Timothy Denison answered on Jun 12, 2018

Possibly, yes. Did your employer have a handbook? We’re the procedures followed? Did your employer have a family medical leave act?

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on

Q: Okay so i started work yesterday i am 15 years old, on my i’d and application and all. And i was fired within an hour

for being 15, i was wondering what should be done about this.

Timothy Denison answered on Jun 7, 2018

Probably nothing to be done. Kentucky is an at will employment state, which means they can fire you for any reason or no reason st all.

1 Answer | Asked in Criminal Law and Employment Law for Kentucky on

Q: My supervisor called me in for a meeting' turns out a disciplinary meeting.

I am sure he had a gun on him and he had a witness on his behalf. He told his side and I told mine. The next day he called me in again also with a witness and gun. I am sure he had one because at break I saw him put it back in his car.I don't agree with the write up but felt I had to sign it as he... Read more »

Timothy Denison answered on Apr 18, 2018

If he didn’t threaten you, point or pull the gun at you, or use force or coercion to get you to sign the writeup, a suit may be difficult to win.

1 Answer | Asked in Contracts and Employment Law for Kentucky on

Q: 3 month contract says I cant have another job during my final notice.

I live in Kentucky and have a contract that says i have to give a 3 month notice before quitting. It also says that i can not get another job in the same field during that same 3 months period. Is this enforceable? Money will get real tight towards the end of my notice period as i am paid on... Read more »

Timothy Denison answered on Apr 17, 2018

It probably is enforceable. If the contract does not preclude you getting another job before you give notice, then you should first acquire the new job and thereafter give your 90 day notice.

1 Answer | Asked in Employment Discrimination, Employment Law, Personal Injury and Car Accidents for Kentucky on

Q: about a year in a half ago at work me and a coworker had to work 22 straight hours .when we left after the long day on

the way back to the shop I was in my personal vehicle I had to drive to the jobsite from home the other employee rear ended me crushing my car and putting me out of work for the week which never got paid for because I could not get workers comp because I was basically told to keep my mouth shut and... Read more »

Peter N. Munsing answered on Feb 26, 2018

You need to contact a member of the Ky Assn for Justice to see what can be done; they give free consults.. You had a case but it's been made muddy.

1 Answer | Asked in Tax Law, Employment Law and Immigration Law for Kentucky on

Q: Can someone get income by being involved in direct sales / MLM while on a H1? Thanks

Previously on J1 now on a H1 through j1 waiver

Roger Carl Algase answered on Jun 16, 2017

An H-1B employee is only allowed to receive income from the H-1B employer as described in the H-1B petition. Working for any other employer would require a new petition or a "concurrent" H-1B petition from the second employer. H-1B also depends on an employer-employee relationship. One cannot run... Read more »

1 Answer | Asked in Employment Law for Kentucky on

Q: I was terminated from my job 3 weeks ago with a communications company in Kentucky.

I was terminated from my job 3 weeks ago with a communications company in Kentucky. Toward the end of the workday on Jan 27, 2017, I was called in, and was explained to me that my employment was being terminated because "the company decided to go in a different direction with my department". I... Read more »

Beatriz Adriana Sosa-Morris answered on Feb 15, 2017

These claims are very fact specific, but you may have a claim for age discrimination and you may also have a claim for unpaid overtime if the company misclassified you as an "independent contractor."

1 Answer | Asked in Employment Law for Kentucky on

Q: Is it legal for an employer to pay you less than time and a half for overtime?

My husband has been working for the past month seven days a week, ten hour days. He has not received time and a half for his over time he received like time and maybe a fourth. For the 30 hours overtime.

Marshall Jason Ray answered on Mar 19, 2016

To get an accurate answer to this question you would need to provide more information. At a minimum, if your husband is not exempt, then under the Fair Labor Standards Act he should be receiving time and a half if he is required to work more than 40 hours per work week. A local attorney can give... Read more »

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