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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... View More 
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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.
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
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
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
answered on Oct 25, 2019
Depends. Substantially more facts are need to answer this questuon.
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.
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.
I was harassed after going to HR to file complaint against supv..advising of discrimination, hostile work enviroment
answered on Jun 22, 2019
Ok. You need to find an experienced civil rights attorney to handle your case so it is handled properly.
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?
answered on Apr 9, 2019
As long as your pay is the same, they can put you in any position they need you in.
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.
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.
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.
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
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.
answered on Jan 15, 2019
You are likely "flagged" and will be prevented from ETS'ing normally until your chapter paperwork is processed.
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
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.
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.
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
answered on Aug 13, 2018
Very doubtful you should sue, much less recover under the above facts. Time and money best spent elsewhere.
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
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.
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