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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 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.

1 Answer | Asked in Employment Law for Kentucky on
Q: Is there a law against paying employees less than their normal wage when they work their normal hours?
Kyle Anderson
Kyle Anderson answered on Feb 6, 2020

In most cases, the law only requires an employer to pay minimum wage and overtime (for hours worked over 40 in a workweek).

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Kentucky on
Q: My 2 yr old has Celebral Palsy from carbon monoxide poison when I worked @ Rural King & while pregnant. Can he get SSI?
Matt Schalk
Matt Schalk answered on Feb 4, 2020

Contact your local Social Security field office.

2 Answers | Asked in Employment Discrimination, Employment Law and Health Care Law for Kentucky on
Q: Possible wrongful termination question. Terminated while on leave with Doctor’s note.

I was removed short term from work August 2019 due to surgery. After surgery I had complications still and the dr felt I needed to be seen by another surgeon of his choice for a second opinion. The surgeon filled the required paperwork out and sent it to my short term disability company. They... Read more »

Carrie Dyer
Carrie Dyer answered on Jan 22, 2020

More information is needed to determine if you should have been eligible for job protection under the Family Medical Leave Act or eligible for an accommodation in the form of continued medical leave under the Americans with Disabilities Act. You should contact an employment attorney to discuss... Read more »

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1 Answer | Asked in Business Law and Employment Law for Kentucky on
Q: Employer claims that they do not need to compensate employees for time spent donning and doffing on meal breaks.

Ok, so our employer claims that they do not need to pay employees to don and doff their protective personal equipment who choose to leave the premises on their 30 minute unpaid meal break. This in turn reduces the 30 minute meal period to the employees who choose to leave the premises for food or... Read more »

Kyle Anderson
Kyle Anderson answered on Jan 6, 2020

These types of cases are heavily fact dependent and more information is required to evaluate your claim. There are cases where courts have held that this type of activity is compensable and cases where courts have held it is not. You should reach out to an employment law attorney for a consultation... Read more »

1 Answer | Asked in Employment Law for Kentucky on
Q: Hello, I am trying to confirm Kentucky law, as my employer feels he does not have to pay overtime due to KRS 337.285

I work overtime every week, in the hotel industry, but as I have read in 337.101 (2) 6.  The overtime exemption  only applies to hotels, (and other businesses) that make less than $95,000 a year gross from sales,for the last 5 years, and my employer easily makes $250-300,000 a year. Also, he has... Read more »

Kyle Anderson
Kyle Anderson answered on Dec 30, 2019

Federal law, under the Fair Labor Standards Act ("FLSA"), also governs the payment of overtime. Even if you are exempt based on the Kentucky Revised Statutes, you may still be eligible to receive overtime under the FLSA. Typically employers are covered under the FLSA if they do more than $500,000... Read more »

1 Answer | Asked in Employment Law for Kentucky on
Q: I was placed on light duty due to a foot injury for 19wks, after I was released to full duty my employer fired me.

Is it legal for an employer to fire you right after your released from light duty due to foot injury that was no fault of your own? Instead of sending me back to regular duty after workers comp light duty for 19wks, they are fighting my unemployment and I’m without any income for 6 weeks now all... Read more »

Kyle Anderson
Kyle Anderson answered on Dec 30, 2019

More facts are needed to provide you with a full evaluation of your claim. Your injury might qualify as a disability under the Americans with Disabilities Act (ADA), which would make a termination based on your injury unlawful. States also prohibit retaliation against employees who have filed... Read more »

1 Answer | Asked in Employment Law, Arbitration / Mediation Law and Employment Discrimination for Kentucky on
Q: What is the statute of limitations for initiating employment arbitration in the State of Kentucky Boone County please?
Timothy Denison
Timothy Denison answered on Nov 23, 2019

It depends on the issues in question. There is no exclusive right to arbitration in employment unless it is contractual.

1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: Is a manager allowed to tell fellow employees not other managers that I filed an unemployment claim
Timothy Denison
Timothy Denison answered on Nov 22, 2019

Poor management practice but yes, it is not actionable.

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for Kentucky on
Q: I fear that the dentist I work for is trying to have me fired and may go after my license. What recourse do I have?

I work for a corporate dental practice and the new office I transferred to has not been welcoming and the dentist has been very rude to me and has been trying to make me very uncomfortable so that I will quit. None of this has been overtly done but very passive aggressive. Now he has amplified by... Read more »

Timothy Denison
Timothy Denison answered on Nov 9, 2019

Document everything they do/you do. Follow all rules and guidelines implicitly and don’t cut corners. They don’t need a reason to fire you as KY is an employment at will state. If they’re going to fire you, nothing you can do to prevent it beforehand but consult an attorney immediatelt... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Employment Law for Kentucky on
Q: Can a company piggyback off of a contract?

Can a company piggyback off of a contract you signed with a payroll company even though the companies name was not mentioned in the payroll contract?

++The contract for the payroll company just has one sentence that in general says the contract convers there clients. Nothing is specific,... Read more »

Timothy Denison
Timothy Denison answered on Oct 25, 2019

Depends. Substantially more facts are need to answer this questuon.

1 Answer | Asked in Employment Discrimination, Employment Law and Family Law for Kentucky on
Q: I was told I cannot work with children and possibly not in the medical field, is this true?

I was told this is due to CPS (dcbs) taking my kids years ago. My kids have since been adopted by my uncle and I'm pretty sure I never had charges pressed against me, I never hurt or neglected my kids.

Timothy Denison
Timothy Denison answered on Oct 7, 2019

It depends on the specific circumstances with regard to working with children but it should not preclude you from working in the medical field.

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
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
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
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
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
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.

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