Wrongful Termination Attorney Louisville KY
The Kentucky wrongful termination attorneys of Abney Law Office have extensive experience assisting victims of wrongful termination.
Kentucky, like most states, is an “employment-at-will” state. Unfortunately, this means that in Kentucky, you can be fired for good cause, or bad cause, or even no cause at all. But, just because Kentucky is an employment-at-will state does not mean that you can’t do anything about a wrongful termination. Under Kentucky and federal law, there are a variety of exceptions to the employment-at-will doctrine.
While “at-will” employment gives employers broad discretion, this does not mean that they can break the law with impunity. Many workers mistakenly believe that, without a written contract, they have no legal protection if they are unfairly fired. This is a dangerous misconception, as there are numerous statutory and common law protections in place to protect employees from unlawful termination, even in states with “at will employment” laws, like Kentucky.
At Abney Law, our team has helped countless workers in the Louisville area challenge unjust dismissals, recover lost wages and emotional distress damages, and, in some cases, even regain their previous positions.
Navigating AI in Employment Decisions: Legal Implications for Employers and Employees
The Public Policy Exception to At-Will Employment
In 1983 the Supreme Court of Kentucky first announced the tort of wrongful discharge in violation of public policy. The tort creates an exception to Kentucky’s employment-at-will doctrine. It allows for employees to bring a wrongful termination claim when an employee’s termination goes against a fundamental and well-defined public policy, as evidenced by existing law in statute or the Kentucky constitution. Three particular scenarios exist in which a termination is contrary to public policy:
- Where explicit legislative statements prohibit the termination.
- The alleged reason for the discharge was the employee’s failure or refusal to violate a law in the course of employment.
- When the reason for the termination was the employee’s exercise of a right conferred by well-established legislative enactment.
For example, if a nurse is dismissed for refusing to falsify patient records or a warehouse worker is let go after reporting unsafe equipment to OSHA, these actions could be considered wrongful termination under Kentucky’s public policy exception. The courts will carefully examine whether the employee’s actions were taken in the public interest and whether the termination contradicts a clear mandate from state or federal laws. These cases often depend on the timing, documentation, and testimony of witnesses, which is why it’s crucial to seek legal advice early on.
Protected Reasons You Cannot Be Fired For
The employment-at-will doctrine doesn’t do anything to change legal employment protections that are already in place. You still cannot be fired for things like:
- A discriminatory reason based on race, religion, sex, color, disability, or status as an LGBTQI person.
- Retaliation for opposing or reporting unlawful discrimination.
- For pursuing a Workers’ Compensation Claim.
- Pursuing your rights under the Family Medical Leave Act.
- Making a complaint regarding workplace safety to OSHA.
- Blowing the whistle on certain illegal conduct.
- Reporting patient safety abuses.
These protections stem from both federal laws, such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Family and Medical Leave Act (FMLA), as well as state laws like the Kentucky Civil Rights Act and the Kentucky Workers’ Compensation Act. Importantly, the US Supreme Court has confirmed that LGBTQ individuals are protected from employment discrimination under federal law. Kentucky courts are increasingly recognizing these rights as well.
Also, the employment-at-will doctrine does alter any contractual rights you may have under an employment contract.
Written and Implied Contract Exceptions
Even in an at-will employment situation, written or implied contracts may override the default termination rules. If you have signed an employment agreement, an employee handbook, or a union contract that specifies specific reasons for disciplinary action or termination, your employer must follow these procedures. For example, if your employee handbook states that employees will receive two written warnings before termination, and you were terminated without any warnings, this could be considered a breach of the implied contract.
Similarly, verbal promises made during the hiring process, such as “You’ll have this job as long as you achieve your goals,” may in rare cases form the basis for a breach-of-contract claim. Although these cases require careful consideration of the facts, our attorneys thoroughly review all communications and documents to determine whether there are enforceable promises.
Warning Signs Your Termination May Be Illegal
Not every unfair termination is illegal, but certain red flags may suggest potential wrongdoing. If any of the following apply to your situation, it may be worth exploring whether you have a valid claim for wrongful termination:
- You were fired shortly after filing a complaint about harassment or requesting medical leave.
- Your performance reviews were positive, but you were suddenly labeled as “underperforming” right before your termination.
- Coworkers from outside your protected group engaged in similar behaviors but were not disciplined.
- Your supervisor made discriminatory remarks or jokes prior to your termination.
- You were pressured to resign rather than being formally terminated, a tactic sometimes used to avoid legal liability.
It’s important not to assume that your employer’s explanation is always truthful or legal. If you believe you may have grounds for a wrongful termination claim, it’s advisable to consult with a lawyer who can help you understand your options.
Strict Deadlines: Don’t Miss Your Chance to File
Time limits are crucial in wrongful termination cases. In Kentucky, strict deadlines apply to filing claims:
- Discrimination claims must typically be filed with the Equal Employment Opportunity Commission (EEOC) within 300 days of the incident.
- Public policy or whistleblower claims must generally be filed in court within one year of the termination.
- Breach of contract claims have a five-year statute of limitations, but evidence can degrade over time. Waiting too long may permanently bar your claim.
Even if you’re unsure about your case, it’s important to consult with a lawyer before it’s too late. A free consultation can help clarify your rights and options.
You’re Not Alone—We’re Here to Help
Losing your job can be one of the most stressful experiences in life, especially when it seems unfair. Feelings of shame, anger, and confusion are natural reactions to such a situation. However, you are not helpless. Kentucky law provides real protection, and experienced lawyers like those at Abney Law can help ensure that these protections are enforced.
A wrongful termination claim can be challenging to navigate. If you think you may be the victim of wrongful termination, contact the attorneys at Abney Legal online or by phone at (502) 498-8585.
Common Wrongful Termination FAQs
Kentucky is an “employment-at-will” state, meaning an employer can generally terminate an employee for any reason—good, bad, or no reason at all—or for no reason, without warning, as long as the reason is not illegal. However, this doctrine is not absolute. It does not protect employers who fire someone for a reason that violates a specific state or federal law, public policy, or a written employment contract. Your claim must fit within a recognized exception to the at-will rule.
A termination violates public policy when it undermines a fundamental and well-defined public interest. Kentucky law recognizes this claim in three main scenarios: 1) When you are fired for refusing to violate a law (e.g., refusing to commit perjury or falsify safety reports); 2) When you are fired for exercising a legal right (e.g., filing a workers’ compensation claim, serving on a jury, or voting); or 3) When you are fired for reporting a legal violation (whistleblowing on certain illegal activities). The policy must be based in a constitutional or statutory provision.
They are often related but have distinct legal foundations. A wrongful termination claim (typically a state law “public policy” claim) argues you were fired for a reason that violates a fundamental public interest, as defined above. A discrimination claim (under federal or state law) argues you were fired because of your membership in a protected class (e.g., race, sex, age over 40, religion, disability). Both are exceptions to at-will employment, but they require proving different types of unlawful motives by the employer.
No, not if the report is made in good faith. Kentucky law protects employees from retaliation for whistleblowing on activities that violate laws or regulations that protect public health, safety, or welfare. This includes reporting safety violations to OSHA, reporting patient abuse in a healthcare setting, or reporting fraudulent activity against the government. However, the protection generally applies to reporting violations of law, not just internal policy disagreements or unethical but legal conduct.
Yes, this is a classic and strong example of wrongful termination in violation of public policy. Kentucky has a clear public policy encouraging workers to seek benefits for on-the-job injuries without fear of retaliation. If you can show a close connection between your filing of a claim and your termination (e.g., you were fired shortly after filing or upon returning from leave), you likely have a valid claim. The employer cannot fire you because you exercised this legal right.
Take careful steps to protect your potential claim: 1) Request a clear, written reason for your termination from HR or your manager. 2) Preserve all evidence, including employment contracts, employee handbooks, performance reviews, pay stubs, and any emails, texts, or notes related to your termination or the events leading up to it. 3) Document the timeline of key events, including any complaints you made (e.g., about discrimination, safety, or illegal conduct) prior to your firing. 4) Consult with an attorney promptly, as there are strict deadlines (statutes of limitations) for filing claims.
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