Kentucky Employment Law Questions & Answers
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's answer
You are likely "flagged" and will be prevented from ETS'ing normally until your chapter paperwork is processed.
You are likely "flagged" and will be prevented from ETS'ing normally until your chapter paperwork is processed.
Q: my boss seems to be treating me differently after i reported a coworker to hr for sexual comments
1 Answer
| Asked
in
Employment Discrimination, Employment Law and Sexual Harassment
for
Kentucky
on
Answered on Aug 25, 2018
Answered on Aug 25, 2018
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?
1 Answer
| Asked
in
Employment Law, Employment Discrimination and Gov & Administrative Law
for
Kentucky
on
Answered on Aug 17, 2018
Answered on Aug 17, 2018
Timothy Denison's answer
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.
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.
Q: Issue at work ended me up in ER and me quitting my job. Can i sue?
Timothy Denison's answer
Very doubtful you should sue, much less recover under the above facts. Time and money best spent elsewhere.
Very doubtful you should sue, much less recover under the above facts. Time and money best spent elsewhere.
Q: Issue at work ended me up in ER and me quitting my job. Can i sue?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Kentucky
on
Answered on Aug 12, 2018
Answered on Aug 12, 2018
Timothy Denison's answer
It would be a very difficult case to pursue, especially since you quit. Your time and efforts are probably better used elsewhere.
It would be a very difficult case to pursue, especially since you quit. Your time and efforts are probably better used elsewhere.
Q: how long do i have to file for wrongful termination in kentucky. Ive seen 180 and 300.
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Kentucky
on
Answered on Jul 23, 2018
Answered on Jul 23, 2018
Q: Can an employer force you to stay over your 8 hrs if they are needing individuals for overtime by holding the clock
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Kentucky
on
Answered on Jun 23, 2018
Answered on Jun 23, 2018
Timothy Denison's answer
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.
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.
Q: Was i wrongfully terminated?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Kentucky
on
Answered on Jun 12, 2018
Answered on Jun 12, 2018
Timothy Denison's answer
Possibly, yes. Did your employer have a handbook? We’re the procedures followed? Did your employer have a family medical leave act?
Possibly, yes. Did your employer have a handbook? We’re the procedures followed? Did your employer have a family medical leave act?
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
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Kentucky
on
Answered on Jun 7, 2018
Answered on Jun 7, 2018
Timothy Denison's answer
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.
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.
Q: My supervisor called me in for a meeting' turns out a disciplinary meeting.
Timothy Denison's answer
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.
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.
Q: 3 month contract says I cant have another job during my final notice.
Timothy Denison's answer
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.
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.
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
1 Answer
| Asked
in
Employment Discrimination, Employment Law, Personal Injury and Car Accidents
for
Kentucky
on
Answered on Feb 26, 2018
Answered on Feb 26, 2018
Peter Munsing's answer
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.
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.
Q: Can someone get income by being involved in direct sales / MLM while on a H1? Thanks
1 Answer
| Asked
in
Tax Law, Employment Law and Immigration Law
for
Kentucky
on
Answered on Jun 16, 2017
Answered on Jun 16, 2017
Roger Carl Algase's answer
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 one's own business or engage in free-lance employment with an H-1B work permit.
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 one's own business or engage in free-lance employment with an H-1B work permit.
Q: I was terminated from my job 3 weeks ago with a communications company in Kentucky.
Beatriz Adriana Sosa-Morris' answer
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."
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."
Q: Is it legal for an employer to pay you less than time and a half for overtime?
Marshall Jason Ray's answer
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 you guidance if your state or local government also has overtime requirements (your state probably does). You can also get information from your state's labor department. The labor departments of...
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 you guidance if your state or local government also has overtime requirements (your state probably does). You can also get information from your state's labor department. The labor departments of...
Q: I was hurt on the job, & now I get attitude, I have been offered a better job.Could I quit?
Terrence H Thorgaard's answer
I'm not sure what you mean by getting attitude. But it appears that you should take the better job and also seek worker's compensation for the medical expenses incurred as a result of the injury.
I'm not sure what you mean by getting attitude. But it appears that you should take the better job and also seek worker's compensation for the medical expenses incurred as a result of the injury.
Q: I recently, 3 months ago, started a new job with a Dental office. I have been ''jokingly'' referred to as ''old man'' .
Jim Higgins' answer
There is no limit on the hours that can be required to work, however, if you work over 40 hours per week you may be entitled to overtime under the FLSA.
There is no limit on the hours that can be required to work, however, if you work over 40 hours per week you may be entitled to overtime under the FLSA.
Q: Is it legal to pay someone in cash and a check but take out taxes on both and not pay you for overtime.
Jim Higgins' answer
An employer can pay in cash or check. Taxes are not optional so they have to be paid no matter how you are paid. As to overtime, as long as you are non-exempt under the FLSA you should receive it for all hours worked over 40 in one week. It really depends, however, on how you are paid and what type of work you do.
An employer can pay in cash or check. Taxes are not optional so they have to be paid no matter how you are paid. As to overtime, as long as you are non-exempt under the FLSA you should receive it for all hours worked over 40 in one week. It really depends, however, on how you are paid and what type of work you do.
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.
