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Kentucky Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Kentucky on
Q: Company gas cards with our names on them are we liable if someone takes them?

We were issued gas cards with our names on them by our company and we carried them all the time..now they want us to leave them at work out in the open for anyone to grab… but they say gas is being stolen.. is this legal???

James L. Arrasmith
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answered on Jun 2, 2024

If your company is asking you to leave gas cards with your names on them out in the open, this could lead to security and liability issues. Leaving the cards in an unsecured location increases the risk of theft or misuse, which could potentially be traced back to you if the cards are in your name.... View More

1 Answer | Asked in Employment Law for Kentucky on
Q: I just received a Notice of Entry of Appearance and Election of Electronic Service from my previous boss

There is a motion to hear on April 10th at 9

James L. Arrasmith
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answered on Apr 6, 2024

I understand this may be a stressful situation. Here are a few key points and suggestions based on the information you've provided:

1. Notice of Entry of Appearance: This means that an attorney has formally notified the court that they will be representing your former employer in the...
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1 Answer | Asked in Employment Law and Cannabis & Marijuana Law for Kentucky on
Q: Is it considered unlawful discrimination to refuse to offer employment based on the smell of marijuana on a prospect?
James L. Arrasmith
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answered on Mar 26, 2024

Refusing to offer employment based on the smell of marijuana on a candidate can be complex legally and varies by location and industry. In states where marijuana is legal for medical or recreational use, the situation is particularly nuanced. Employers still have rights to maintain a drug-free... View More

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 Law and Civil Rights for Kentucky on
Q: Am I being retaliated against

I have an assistant manager who told me she was going to send a employee home for a “bad attitude” this employee did not have an attitude if anything she was in a better mood then anyone there. I told this employee to be careful how she acts because the assistant manager was going to send her... View More

Timothy Denison
Timothy Denison
answered on Jun 5, 2024

Unfortunately, they have discretion when making schedules and you will need stronger and more significant evidence to prove retaliation.

1 Answer | Asked in Business Law, Contracts and Employment Law for Kentucky on
Q: Can you be made to sign away your, required by Kentucky Law, mandatory work breaks?

In Kentucky there are mandatory Break periods - 10 minutes for every 4 hours worked and if you work over 5 hours, a mandatory meal break between your third and fifth hour. But my neighbor has been coerced to sign away their breaks for nothing in return to work at a local fast food restaurant. This... View More

Timothy Denison
Timothy Denison
answered on May 27, 2024

Sound like a violation of Ky labor laws. A complaint to the Labor Board might resolve the problem.

1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: I am a senior citizen and was fired recently over a statement I was accused of saying. Which I never said!

Supposedly,I was accused of calling an African a "lazy N word". Supposedly there was an investigation done but the only person I believe was asked about the situation would call me "old and ugly". I should have reported him for these statements and other statements but I... View More

Timothy Denison
Timothy Denison
answered on May 15, 2024

Specifically, what is your question? More info is needed to answer your question properly.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: In the state of Kentucky can previous employers disclose if I was terminated?
Timothy Denison
Timothy Denison
answered on May 8, 2024

They should not, no.

1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: In the state of Kentucky, can an employer force you to go in the negatives on your PTO versus taking the day unpaid?

Ex. Employee is moving within the next three weeks and asked employer for the day off due to moving day falling on a Monday. Employer made it aware that the employee does not have PTO accrued and then told the employee have no choice other than to go to into the negatives on PTO, or come in... View More

Timothy Denison
Timothy Denison
answered on Apr 1, 2024

It should be set out in the Employee Handbook your employer should have given you when you were hired.

1 Answer | Asked in Civil Litigation, Criminal Law, Employment Law and Sexual Harassment for Kentucky on
Q: What can be done when an inmate has been sexually assaulted by a corrections officer?

My girlfriend was incarcerated at a women's prison facility in Virginia for several years. There's been two substantiated PREAS filed and found true. My girlfriend used 27 razor blades to take her own life when she was incarcerated all bc of this corrections officer and the way that she... View More

Timothy Denison
Timothy Denison
answered on Mar 10, 2024

If she took her own life, how is she now home with separation anxiety?

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.

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