Discrimination is wrong wherever it happens, but it can be especially problematic at work. Employers are not permitted to harass, demote, fire, or otherwise discriminate against you as a result of protected traits. Both federal and state law help protect you from discrimination in the workplace. You may be entitled to compensation and reinstatement of your position.
The experienced Kentucky employment lawyers at Abney Law will assist you in fighting back against discrimination. We have decades of knowledge we are ready to put to work for you. Schedule a consultation to get started.
What Is Wrongful Termination in Kentucky?
Not every firing or adverse employment action is wrongful termination. Under Kentucky law, most employees are “at will.” This means that workers can leave employment voluntarily at any time and employers can fire an employee for any non-discriminatory reason. Most employees are at will, while others have a contract. Contract employees may have additional rights that protect them beyond at will employees. In these cases, a breach of the contract terms may also constitute wrongful termination.
Understanding “At-Will” Employment
Employers generally do not need a reason to fire an at-will employee. They may not even have to say why they are letting the employee go. However, many employers try to hide behind at-will employment status when they really intend to discriminate against you.
Some common examples of why an employer may terminate an at-will employee include, but are not limited to:
- Your boss is displeased with your work output or quality
- The employer wants to cut down the number of employees
- You made a mistake at work, even despite years of quality efforts
- Your department is no longer necessary
- The employer decides you are not a good fit
Be alert for the real reason you were terminated. If your firing was discriminatory, you could be entitled to file a wrongful termination claim.
Employment Discrimination in Kentucky
Discrimination comes in many forms. When it affects your employment, it can derail your entire life. Discrimination is illegal and should not be the reason you lose your job. There are two primary categories in which employers may be held liable for discrimination.
Termination in Violation of Kentucky Public Policy
The Kentucky Supreme Court outlined several ways an employer may violate public policy when it terminates you. This might occur if your termination:
- Is because you refused to violate a law during your employment
- Is due to your exercise of a legal right conferred by a legislative enactment
- Is prohibited by explicit legislative statements
Discriminatory Practices by an Employer
Discrimination occurs if the employer terminates you because of some protected trait. Discrimination is often based on some personal characteristic you have that you cannot change or is protected under state and federal law.
Unlawful reasons to fire an employee include, but are not limited to:
- Discrimination based on race, gender, gender identity, sexual preference, religion, ethnic background
- As retaliation towards an employee whistleblower
- For an employee properly utilizing Family Medical Leave Act Time
- For reporting OSHA complaints
- For reporting wage theft and hour law violations
When an employee is fired for any of the reasons above, they can file a state or federal claim with the appropriate governmental agency or in court. An employment law attorney can help you decide the best way to proceed to protect your legal rights.
Protect Yourself Against Wrongful Termination in the Workplace
A Kentucky wrongful termination law attorney knows the effect discrimination can have on you. Not only may you lose your job and impact your finances, it can be a personally traumatic experience. Discrimination should not be allowed to go unmitigated.
Let the experienced employment law attorneys at Abney Law help you fight back against discrimination in the workplace. Contact us today for a consultation of your case.