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Kentucky Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: My husband was fired during a Dr’s order to quarantine due to his contact with someone who died of covid 19.

What can we do?

Timothy Denison
Timothy Denison
answered on Jul 9, 2020

Probably not much bc Kentucky is an at will employment state, meaning they can fire you for any reason or no reason at all.

1 Answer | Asked in Employment Law for Kentucky on
Q: after 14 years with this company I put in for a personal leave of absence and was given it.Had to be at least two weeks

Now ten months later I put in same request before start of shift company website missed shift got home e-mail said Personal Leave of Absence is denied. Im 63 -14 years on the job now fired for missing work can they do this amzn

Carrie Dyer
Carrie Dyer
answered on Jul 8, 2020

More information is needed to analyze your situation. What was the reason for your request for the Personal Leave of Absence? Was the request related to a medical issue? If so, did you provide your employer with enough information to know that your request may have been covered by the Family... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: Am I being laid off?

I put in my two weeks with my current employer. My manager told me I can work the next two weeks and then my employment will be terminated. Her boss (part owner/owners son) said I can only work the next week and then my employment with their company ends. Does that mean they laid me off? I know... Read more »

Timothy Denison
Timothy Denison
answered on Jun 7, 2020

If you have your two weeks notice, you are not being laid off and you cannot draw unemployment. How the last two weeks are handled is solely within the discretion of the Employer.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can my employer fire me after being furloughed from work then not reporting when called back cause sick under Dr care?
Timothy Denison
Timothy Denison
answered on May 17, 2020

Unless you can prove that your termination is retaliatory, Kentucky is an at will state which means an employer can fire you for any reason or no reason at all.

1 Answer | Asked in Contracts and Employment Law for Kentucky on
Q: My contract states I will be paid $100/month for healthcare. I haven’t received this since I’ve signed 28 months ago.

Would this negate the rest of my contract? Could this be considered “withholding payment? No employees have received this money. I have brought it up verbally multiple times to

my boss and our accountant in front of witnesses, though never in writing. I am always told we will receive it... Read more »

Timothy Denison
Timothy Denison
answered on May 11, 2020

Filing suit for breach of contract is your next step.

1 Answer | Asked in Employment Law for Kentucky on
Q: do i have to report a severance package to unemloyment in Kentucky when i have been terminated

was terminated but was told i will receive a severance package. Kentucky unemployment is asking questions about severence pay when i try to file.

Rhiannon Herbert
Rhiannon Herbert
answered on May 6, 2020

The general rule is that you cannot collect unemployment and severance pay at the same time. Depending on how your severance package is structured (i.e. whether you are getting a lump sum or a series of payments over the next few payroll periods), you will not be eligible for unemployment during... Read more »

1 Answer | Asked in Appeals / Appellate Law and Employment Law for Kentucky on
Q: Unemployment teleconference/hearing on whether appeal was timely?

I was laid off almost two years ago for lack of work with a former company and was instructed by my employer to claim unemployment benefits. I claimed benefits for 6 months. Long story short I have been self isolating due to the pandemic in my home town. Upon returning to town a few weeks ago I... Read more »

Charles William Michaels
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Charles William Michaels
answered on May 5, 2020

If your former employer admitted their mistake, and let the UI know, I fail to see any reason for an appeal. Perhaps the conference call or hearing can clear this up.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can my employer fire me for not going back to work to my non-essential job during covid-19?

I am a receptionist for a privately owned dental office. I have been laid off for a couple weeks. The doctor has been going in by himself to treat emergencies only. He just got approved for the PPP loan and tells us today (Friday) that all his staff have to come back to work Monday or they will be... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 22, 2020

This is a tough situation. It sounds like your employer is a small employer (employs 50 or less employees). If that is the case, then the job protections set forth in the Families First Coronavirus Response Act may not apply to you. However, you may be protected under the Americans with... Read more »

1 Answer | Asked in Employment Law for Kentucky on
Q: Is it wrongful termination if I get fired for telling my boss i am doing treatment for drug abuse, according to ADA?

I told him i had an appointment set up for treatment for drug abuse and he fired me on the spot for that reason specifically. This is in Paducah, Kentucky.

Carrie Dyer
Carrie Dyer
answered on Mar 25, 2020

More details about your situation are needed. You may have a claim for disability discrimination under the Americans with Disabilities Act and Kentucky law. Current drug use is not afforded any protection under the ADA, but if you are former drug user, receiving treatment, you are entitled to... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Is it legal to fire an employee during this Covid-19 crisis without any previous problems or write ups

On Thursday morning the staff had a meeting with the owners and we told thst starting Monday they would be shutdown until the 30th and they would go fro there he came back from lunch and they fired him The only reasons he gave was thst my husband had said something about the owners and that he... Read more »

Carrie Dyer
Carrie Dyer
answered on Mar 25, 2020

Kentucky is an at-will state. Therefore, as an employee, your husband can generally be fired for any reason at any time. There are very few exceptions. The COVID-19 crisis, alone, does not prevent an employer from being able to terminate an employee. You should contact an employment law... Read more »

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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).

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... 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 »

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