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Kentucky Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Arbitration / Mediation Law and Employment Discrimination for Kentucky on
Q: What is the statute of limitations for initiating employment arbitration in the State of Kentucky Boone County please?
Timothy Denison
Timothy Denison
answered on Nov 23, 2019

It depends on the issues in question. There is no exclusive right to arbitration in employment unless it is contractual.

1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: Is a manager allowed to tell fellow employees not other managers that I filed an unemployment claim
Timothy Denison
Timothy Denison
answered on Nov 22, 2019

Poor management practice but yes, it is not actionable.

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for Kentucky on
Q: I fear that the dentist I work for is trying to have me fired and may go after my license. What recourse do I have?

I work for a corporate dental practice and the new office I transferred to has not been welcoming and the dentist has been very rude to me and has been trying to make me very uncomfortable so that I will quit. None of this has been overtly done but very passive aggressive. Now he has amplified by... View More

Timothy Denison
Timothy Denison
answered on Nov 9, 2019

Document everything they do/you do. Follow all rules and guidelines implicitly and don’t cut corners. They don’t need a reason to fire you as KY is an employment at will state. If they’re going to fire you, nothing you can do to prevent it beforehand but consult an attorney immediatelt... View More

1 Answer | Asked in Civil Litigation, Contracts and Employment Law for Kentucky on
Q: Can a company piggyback off of a contract?

Can a company piggyback off of a contract you signed with a payroll company even though the companies name was not mentioned in the payroll contract?

++The contract for the payroll company just has one sentence that in general says the contract convers there clients. Nothing is specific,... View More

Timothy Denison
Timothy Denison
answered on Oct 25, 2019

Depends. Substantially more facts are need to answer this questuon.

1 Answer | Asked in Employment Discrimination, Employment Law and Family Law for Kentucky on
Q: I was told I cannot work with children and possibly not in the medical field, is this true?

I was told this is due to CPS (dcbs) taking my kids years ago. My kids have since been adopted by my uncle and I'm pretty sure I never had charges pressed against me, I never hurt or neglected my kids.

Timothy Denison
Timothy Denison
answered on Oct 7, 2019

It depends on the specific circumstances with regard to working with children but it should not preclude you from working in the medical field.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: I would like to file whistleblower, discrimmation and harassment..refusal to pay back pay against Teleperformance

I was harassed after going to HR to file complaint against supv..advising of discrimination, hostile work enviroment

Timothy Denison
Timothy Denison
answered on Jun 22, 2019

Ok. You need to find an experienced civil rights attorney to handle your case so it is handled properly.

1 Answer | Asked in Employment Law and Workers' Compensation for Kentucky on
Q: Does my employer have to reinstate me into the exact position as when I was hurt?

I was injured at my job and have been off on Comp for 5 months and some change. I have been released to return to work. They are talking about demoting me from the position I was in to another. Can they do that or do they have to return me to my previous position before I got hurt?

Timothy Denison
Timothy Denison
answered on Apr 9, 2019

As long as your pay is the same, they can put you in any position they need you in.

1 Answer | Asked in Employment Law, Education Law and Employment Discrimination for Kentucky on
Q: I got fired from my job today after taking a 2 day emergency leave because I was in the hospital . They took me off of

schedule and fired me . Can I sue for wrongful termination? I was in pain and sick for 6 whole weeks and still showed up everyday . I'm a teacher for a preschool and finally took two days off and now I need surgery and have no job.

Timothy Denison
Timothy Denison
answered on Apr 6, 2019

Unfortunately, Kentucky is an “at will” state, which means they can fire you for any reason at all or no reason at all.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Am I required to hold an interview with every prospective employee? Could not doing so lead to discrimination lawsuits?
Timothy Denison
Timothy Denison
answered on Feb 17, 2019

No. You are not. You simply must not deny anyone an interview or as job for an improper reason, such as race, sex, religion, natl origin, etc.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can I use desired character traits as a defense to employment discrimination allegations?

Let's say a woman comes into my business for a job interview and I'm looking for somebody with particular character traits that I would consider important in the maintenance of my workplace culture. If the woman in question gives an answer or performs an action that contradicts this... View More

Timothy Denison
Timothy Denison
answered on Feb 16, 2019

Yes. You could use it as a defense unless there is an improper reason underlying the selection of the male. What you have described is a legitimate reason.

1 Answer | Asked in Employment Law and Military Law for Kentucky on
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
Robert Donald Gifford II
answered on Jan 15, 2019

You are likely "flagged" and will be prevented from ETS'ing normally until your chapter paperwork is processed.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Kentucky on
Q: my boss seems to be treating me differently after i reported a coworker to hr for sexual comments

a coworker (female) and myself (male) went to hr about another coworker (male) for making sexual comments and asked us questions as well. after hr started an investigation the confidentality was leaked to other employees. hr said they solved both cases and until recently i found out that it was... View More

Timothy Denison
Timothy Denison
answered on Aug 25, 2018

No.

1 Answer | Asked in Employment Law, Employment Discrimination and Gov & Administrative Law for Kentucky on
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?

Both are illegal in the state of Kentucky and you can do one but not the other. Also add that a coworker got a dui and didn’t get fired because his dad is boss it is a public sector job. And the employee handbook states that if a dui occur that results in termination.

Timothy Denison
Timothy Denison
answered on Aug 17, 2018

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.

1 Answer | Asked in Employment Law for Kentucky on
Q: Issue at work ended me up in ER and me quitting my job. Can i sue?

My supervisor kept telling me i smell. Each time he would pull me aside and tell me, he would bring a different person with him. One time he did it while in the midst of other workers. He insisted on getting me essential oils even when i refused. He pressured me to try men's deodorant which... View More

Timothy Denison
Timothy Denison
answered on Aug 13, 2018

Very doubtful you should sue, much less recover under the above facts. Time and money best spent elsewhere.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Issue at work ended me up in ER and me quitting my job. Can i sue?

My supervisor kept telling me i smell. Each time he would pull me aside and tell me, he would bring a different person with him. One time he did it while in the midst of other workers. He insisted on getting me essential oils even when i refused. He pressured me to try men's deodorant which... View More

Timothy Denison
Timothy Denison
answered on Aug 12, 2018

It would be a very difficult case to pursue, especially since you quit. Your time and efforts are probably better used elsewhere.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: how long do i have to file for wrongful termination in kentucky. Ive seen 180 and 300.
Timothy Denison
Timothy Denison
answered on Jul 23, 2018

90 days from the date you get your right to sue letter.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can an employer force you to stay over your 8 hrs if they are needing individuals for overtime by holding the clock

They have a mandate list that everyones name goes on . They will start at the top and call each one asking if they want o.t. If you refuse its counted against you. And even the ppl that have FMLA are ask and if they refuse so many times they take hours from their FMLA TIME ... ISNT THIS... View More

Timothy Denison
Timothy Denison
answered on Jun 23, 2018

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.

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Was i wrongfully terminated?

I am currently 6 and a half months pregnant and a couple of weeks ago i began to see that my pregnancy was taking a toll on my job as i was sent home because of abdominal pain. Today i was called in after working an 8 hr straight shift and told that i was not moving fast enough. I tried to explain... View More

Timothy Denison
Timothy Denison
answered on Jun 12, 2018

Possibly, yes. Did your employer have a handbook? We’re the procedures followed? Did your employer have a family medical leave act?

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

for being 15, i was wondering what should be done about this.

Timothy Denison
Timothy Denison
answered on Jun 7, 2018

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.

1 Answer | Asked in Criminal Law and Employment Law for Kentucky on
Q: My supervisor called me in for a meeting' turns out a disciplinary meeting.

I am sure he had a gun on him and he had a witness on his behalf. He told his side and I told mine. The next day he called me in again also with a witness and gun. I am sure he had one because at break I saw him put it back in his car.I don't agree with the write up but felt I had to sign it... View More

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

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.

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