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

1 Answer | Asked in Employment Law and Military Law for Kentucky on
Answered on Jan 15, 2019
Robert Donald Gifford II's answer
You are likely "flagged" and will be prevented from ETS'ing normally until your chapter paperwork is processed.

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
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.

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

1 Answer | Asked in Employment Law for Kentucky on
Answered on Aug 13, 2018
Timothy Denison's answer
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
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.

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
Timothy Denison's answer
90 days from the date you get your right to sue letter.

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
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.

Q: Was i wrongfully terminated?

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

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
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.

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

1 Answer | Asked in Criminal Law and Employment Law for Kentucky on
Answered on Apr 18, 2018
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.

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

1 Answer | Asked in Contracts and Employment Law for Kentucky on
Answered on Apr 17, 2018
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.

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
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.

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
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.

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

1 Answer | Asked in Employment Law for Kentucky on
Answered on Feb 15, 2017
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."

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

1 Answer | Asked in Employment Law for Kentucky on
Answered on Mar 19, 2016
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...

Q: I was hurt on the job, & now I get attitude, I have been offered a better job.Could I quit?

1 Answer | Asked in Employment Law for Kentucky on
Answered on Aug 28, 2015
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.

Q: I recently, 3 months ago, started a new job with a Dental office. I have been ''jokingly'' referred to as ''old man'' .

1 Answer | Asked in Employment Law for Kentucky on
Answered on Dec 13, 2011
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.

Q: Is it legal to pay someone in cash and a check but take out taxes on both and not pay you for overtime.

1 Answer | Asked in Employment Law for Kentucky on
Answered on Dec 13, 2011
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.

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