Although Kentucky is an “employee at will” state for many employees, you may still be entitled to compensation if you were wrongfully terminated. Employers often claim they can fire you for any reason and at any time. This is not actually true, as there are multiple ways that employers can violate state and federal law when they terminate your employment.
When this happens to you, filing a wrongful termination can help. We discuss the process of filing a wrongful lawsuit in Kentucky and the compensation you may win from a successful case.
The dedicated Kentucky employment lawyers at Abney Law will help you through the entire legal process. Trust our experienced professionals to help protect your rights.
What Is Wrongful Termination in Kentucky?
Wrongful termination refers to nearly any illegal firing of an employee. Most workers in Kentucky are “at will” employees, meaning they can quit at any time and may generally be fired for any non-discriminatory reason. Contract employees may be wrongfully terminated if their firing violates the terms of their employment agreement.
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
- For any reason that violates Kentucky public policy
Filing a Wrongful Termination Lawsuit in Kentucky: The Process
If you were wrongfully terminated, you can initiate a wrongful termination lawsuit to protect your rights. The exact process to file your lawsuit will depend on a consultation with your wrongful discharge attorney. Different types of claims may require different processes. Your attorney will choose the strategy that is best for you.
Below are some of the most common processes used to start your wrongful termination lawsuit.
Filing a Complaint Through Your Employer and Negotiating a Resolution
Some wrongful termination issues can be resolved without going to court when you have an attorney to help. Many employers back down as soon as you get a lawyer involved. Through your employer, an attorney can help:
- File a formal complaint with your company’s human resources department
- Analyze and follow appropriate company policies to address the wrongful termination or discrimination
- Negotiate a resolution that might include compensation and potential reinstatement of your job
File a Complaint with the EEOC or Kentucky Commission on Human Rights
If out-of-court resolution cannot solve the problem, you and your attorney can file a complaint with one of two different government agencies. The first is the Equal Employment Opportunity Commission (EEOC). The second is the Kentucky Commission on Human Rights.
The two agencies work together through a work-sharing agreement. This means that you and your attorney can file in either agency to seek help for your discriminatory firing. Your wrongful termination attorney will decide the best agency with which to file.
File a Wrongful Termination Lawsuit in Court
You may also file a wrongful termination lawsuit in a state or federal court. This involves the preparation of a complaint, a legal document which starts the legal proceedings and sets forth the general allegations of your wrongful termination.
When it is appropriate to file in court, rather than through a state agency, is often complicated and based primarily on your unique situation. Consult an attorney on how best to protect your rights.
File a Wrongful Termination Lawsuit the Right Way
Utilize a Kentucky wrongful termination lawyer to ensure your case is handled properly. This is already a difficult time you are going through. You do not need the additional stress of handling this on your own. Our dedicated team is ready to fight for you.
Let the experienced employment law attorneys at Abney Law help you fight back against wrongful termination. Contact us today for a consultation of your case.