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Kentucky Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Employment Discrimination and Libel & Slander for Kentucky on
Q: Last year October 2021 to be exacti was terminated from my job after 13 yrs. I was fired via speaker phone. There's more

I wasn't offered EAP which is written Corporate Policy. When I went into work that evening, the Maint Supv asked "what are you doing here? He then told me had received an E-mail over the weekend announcing to those with access who are given a Marzetti E-mail account (leads, supervisors,... View More

Timothy Denison
Timothy Denison
answered on Nov 24, 2022

Unfortunately, the facts as you set them out above do not have the requisite elements for an employment discrimination claim or a libel and slander claim.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can employer add incidents on complaint to suspended me w/o pay for 4 days after proving initial susp letter false info?

My employer said they were going to suspend me without pay for 4 days bc I was a no call no show 3 times. I appealed and provided documentation that I had doctors excuse & called in (records from AT&T) On 2 of the dates. Now they have sent me info saying I was a no call no show on another... View More

Timothy Denison
Timothy Denison
answered on Nov 11, 2022

No. Should not be able to add incidents, especially where original incidents are proven unfounded. File a complaint with the Labor Board.

1 Answer | Asked in Employment Law and Constitutional Law for Kentucky on
Q: Can I sue 4damages lost job of 24 yr for not participating in experimental mRNA drug, failed 2 honor religious exemption

Decieved me with what they called" religious exemption" but in fact exempted me from accessing my benefits and earning wages health insurance etc. Drug was emergency use authorization only and was clearly and ineffective for stated purpose i claimed it wasn't legal from the... View More

Timothy Denison
Timothy Denison
answered on Nov 4, 2022

Depending on additional facts that need to be developed, you may possibly have a claim for damages for all or part of your loss.

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

2 Answers | Asked in Criminal Law, Employment Law, Federal Crimes and Libel & Slander for Kentucky on
Q: How can I have a warrant from 4 years ago and not know? Never been contacted, didn't do anything wrong?

I received a copy of my background check I had done in order to start my new job. On the report, it shows that I have a warrant for my arrest due to 4 years ago being fired from a store due to scanning coupons, the way I was taught, but they apparently think I was scheming with those customers to... View More

Leland Hulbert
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Leland Hulbert
answered on Oct 12, 2022

This happens from time to time. People have old warrants in the system. You need to hire an experienced attorney to take care of this as soon as possible.

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1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Kentucky on
Q: I work at a hotel in paducah Kentucky. Our company was bought by another company. Our newly promoted GM showed me a

New GM showed me a bag with sexual toys and said I could have them and started playing with them, then brought some to work to give me, and gave me alcohol and led to other things. Is this sexual harassment? Also the new AGM gave me quite a few long hugs

Timothy Denison
Timothy Denison
answered on Sep 28, 2022

Certainly could be, yes. You should contact a civil rights attorney near your to review the case.

1 Answer | Asked in Employment Law for Kentucky on
Q: My employer wants me to clock in and out for bathroom breaks and I also had an ADA form filled out from my Doctor

I have a medical condition that causes me to have very frequent bathroom breaks my HR department wanted my doctor's office to fill out an ADA form but now that they have the form my employer wants me to clock in and out for bathroom breaks when no one else has to what can i do about this?

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 28, 2022

You should contact a Kentucky employment attorney to discuss your situation in greater detail. Generally, break periods of 20 minutes or less constitute paid time. In addition, if you are being treated differently than other employees based on your disability and accommodation request, this can... View More

1 Answer | Asked in Contracts and Employment Law for Kentucky on
Q: Am I bound to a 30 day leave notice in my employment contract?

Suppose I have an employment contract that says I have to give 30 days notice before resigning. Could my employer really force me to work against my will for 30 days? Could I be sued for not fulfilling the 30 day notice requirement?

Timothy Denison
Timothy Denison
answered on Sep 16, 2022

Theoretically, yes, although that is generally not how it happens. Once you give notice, they will generally ask you to leave shortly after that. The notice period rarely ever comes into play.

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Kentucky on
Q: Got fired by my job because I put in an HR claim. Fired by retaliation without proper reason

I put in 2 years of very hard work at my job while they did nothing but degrade me, and belittle me. It led to my eventual HR claim against the management. The managers then retaliated and I was wrongfully terminated a few days after the claim. Without any kind of notice that I had been fired, I... View More

Timothy Denison
Timothy Denison
answered on Jul 29, 2022

What is your question?

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: I wasn’t paid bc my employer when I had covid19
Timothy Denison
Timothy Denison
answered on Jun 27, 2022

What is your question?

2 Answers | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Kentucky on
Q: If a female is sexually harassed by her boss at they’re place of work and it is a corporate company what can she do?
Rhiannon Herbert
Rhiannon Herbert
answered on May 11, 2022

This individual should first make a written report of the instances of harassment to the company's HR department. If corrective action is not taken after this, this individual can next file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC).

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1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: There are some mangers at the company i work for that has changed my hours without the consent of me or my bosses.

Am i able to sue the company for illegally changing my hours. I control when i clock in and clock out. This isn't the first time my hours have been changed either. Please help me out.

Timothy Denison
Timothy Denison
answered on Apr 28, 2022

Depends largely on the employee rules and regulations handbook.

1 Answer | Asked in Employment Law, Medical Malpractice and Probate for Kentucky on
Q: Limited probation of nursing license

I am on limited probation in KY as an LPN. In my agreed order it mentions if I can’t meet the agreement terms I could put in writing that I wanted to surrender my license and it would only be for a period of 2 years then I could try to get them back. Is there a possibility that they wouldn’t... View More

Timothy Denison
Timothy Denison
answered on Apr 11, 2022

There is a real possibility that they might not let you back in. You should consult an attorney immediately before you do anything. In any event, I would not recommend surrendering your license.

2 Answers | Asked in Criminal Law, Employment Law, Employment Discrimination and Sexual Harassment for Kentucky on
Q: If I tried to complain to boss about harassment in the work place more than one time and was fired. Can I sue ?

I complained to my boss about harassment and people keeping from doing my job in correct and timely manner. also sexual assault happening in the work place. He set up a date for me to walk in that was March 25 at 8:30am and as soon as I walked in he already found a different way of firing me and... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 30, 2022

You may have a claim for retaliation under Title VII of the Civil Rights Act, but this will depend on what you told your boss in your complaint. Your complaint must be "protected" under the law, meaning your complaint of harassment must be based on your race, sex, age, disability, and/or... View More

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1 Answer | Asked in Divorce, Employment Law and Libel & Slander for Kentucky on
Q: Is it legal for HR at my employer to disclose time records and personal information?

I am going through a divorce, and have had to take an excess of personal time off while taking care of things, my wife, who has a friend that works for the same hospital, contacted her an was given copies of my "call ins", and schedule in an attempt to threaten me. Is the hospital liable... View More

Timothy Denison
Timothy Denison
answered on Mar 24, 2022

They may be liable for these disclosures.

1 Answer | Asked in Employment Law for Kentucky on
Q: If a spot needs filled can they force you to come in on your off day? If you cant make it and refuse what can they do?

I work at a fire protection district in Kentucky. If the need to fill a spot, they pull from a list of overtime hours. They will force the person with the least amount of hours to come in on their off days. If you can't or won't make it, you will receive a write up. Wright ups prevent... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 22, 2022

There are no laws that place caps on the amount of hours an employer can make you work. Thus, while the above situation sounds unfair, your employer's system is permissible.

1 Answer | Asked in Gov & Administrative Law, Employment Law and Employment Discrimination for Kentucky on
Q: Is a government agency allowed to require a subjective written exercise as a form of interview?

The position applied for was to be considered for a position investigating civilian complaints against local law enforcement. A sample civilian complaint was given, and the prospective employee was required to subjectively identify violated SOPs within the scenario, as well as make a finding on... View More

Timothy Denison
Timothy Denison
answered on Mar 15, 2022

Yes. They are allowed to do so.

1 Answer | Asked in Contracts, Employment Law and Education Law for Kentucky on
Q: At my job they are trying to make my pto days require approval however it is a unique situation that needs more detail

My job is a contract job and my pto is called non contract days which they deduct partially from each paycheck to cover costs of the days I take off. Can they legally require me to get approval when my contract states that I just need to let them know as far in advance as possible when I need to... View More

Timothy Denison
Timothy Denison
answered on Feb 13, 2022

No. The terms of your contract control.

1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: My employer is requiring work from home but not providing necessities to safely perform duties. This wasn’t required

when I took the job 3 1/2 years ago. It’s a huge world wide organization and there are other employees still working in office just not my department. Can they require me to take the hit financially by trying to wire in internet along with paying for a desk and chair, etc? A part of me feel that... View More

Timothy Denison
Timothy Denison
answered on Jan 20, 2022

Yes. As long as they make reasonable accommodation for you to work from home.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Kentucky on
Q: I got terminated from my job Because of a conversation I had with another employee. They said they had audio recorded me

I did not give consent for them to audio record me and it isn’t posted at the workplace anywhere. Do I have grounds for suing ?

Timothy Denison
Timothy Denison
answered on Jan 3, 2022

No.

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