Were you recently fired or let go from your employment? If so, you might be wondering if it was legal for them to do so. While Kentucky is generally an “at-will” employment state, there are several situations where your firing could have been illegal. There are many exceptions, under both federal and state law, where even an at-will employee could be illegally fired. If you feel like your firing was wrongful, a consultation with an attorney can help you determine what legal recourse you might have.
The employment attorneys at Abney Law are highly experienced and can help identify if you were fired illegally in Kentucky. Our team understands both federal and state law, and how it applies to your situation. A consultation can help determine why you were fired and whether you have a case for wrongful termination.
What Is At-Will Employment?
You’ve likely heard the phrase “at-will employment.” But what does it mean for you and other Kentucky workers? This generally means that employers can terminate you for any reason, or no reason at all. You work there as long as the employer wants you to, and they can change their mind at any time.
However, there are several reasons that an employer can’t use to fire you. Many of these fall under certain exceptions that then constitute wrongful termination. If any of these exceptions seem like they apply to your situation, or something else unique occurred that you think was wrongful, an attorney can provide a legal opinion about you situation.
Common Signs of Illegal Termination in Kentucky
Here are the most common scenarios where a firing may be illegal in Kentucky:
Discrimination
If you were fired because of your:
- race,
- color,
- religion,
- national origin,
- sex,
- age (40 or older),
- disability, or
- pregnancy,
your termination may violate the Kentucky Civil Rights Act or federal laws like Title VII of the Civil Rights Act and the Americans with Disabilities Act.
Retaliation
Employers cannot fire you for exercising your legal rights. This includes:
- reporting workplace safety violations,
- filing a workers’ compensation claim,
- participating in a discrimination investigation, or
- taking protected medical leave under the Family and Medical Leave Act (FMLA).
Breach of Contract
If you had an employment contract, it may be illegal to fire you. If your agreement set a specific duration for your employment or that you could only be fired “for cause,” you are not truly at-will like many other employees.
Whistleblower Protection
Kentucky law protects employees who report illegal or unethical conduct. If you were terminated after reporting fraud, abuse, or other misconduct, you may be protected under whistleblower statutes.
Public Policy Violations
You cannot be fired for refusing to break the law, serving on a jury, or exercising other legal rights. Terminations that violate public policy are considered wrongful under Kentucky law.
What Doesn’t Count as Illegal Firing?
Not every unfair or harsh termination is illegal. For example, being fired for:
- Poor performance
- Personality conflicts
- Restructuring
- Cost reduction
What Should I Do If I Think I Was Wrongfully Fired?
If you think you were wrongfully terminated in Kentucky, you should:
- Keep records of all emails and communications
- Keep all performance reviews
- Get contact information for any witnesses
- Request a written reason for your termination
- Contact a wrongful termination lawyer in Kentucky
Get Advice from a Wrongful Termination Attorney in Kentucky
If you were fired, you have the right to know if that firing was legal. If you faced discrimination, a contract, violation, or other seemingly wrongful conduct, you should get a legal view of what happened. Talk to an attorney about the details of your situation so you can fully understand your legal rights, and what remedies might be available. Let the skilled employment attorneys at Abney Law review your case. Contact us today for a consultation.