Although Kentucky is generally an “at will” state, employees may still suffer wrongful termination. At will employees may be let go for any non-discriminatory reasons, but discrimination, retaliation, and other forms of wrongful termination occur every day. You may be the victim of a wrongful termination. If so, there are legal options you can pursue with the help of a qualified wrongful termination attorney.
The employment lawyers at Abney Law walk you through termination laws in Kentucky and how we can help. Schedule a consultation today to learn more about your unique case.
Understanding At-Will Employment Laws
To know whether you were wrongfully terminated, your attorney must first explore whether you were an at-will employee. Under Kentucky law, most employees are “at will” unless otherwise specified. This means that your employer can terminate you for nearly any reason and at any time, so long as it does not meet an exception.
An employer’s right to terminate an employer is quite broad. In fact, the Kentucky Supreme Court has even held that employers can fire without cause, for cause, or even reasons that might be “morally indefensible” so long as they are still legal.
Wrongful Termination Laws in Kentucky
Even though Kentucky is generally at will, there are many protections in place to safeguard against discrimination and abuse. Federal and state laws protect the public and workers from being fired for impermissible reasons.
These reasons may include, but are not necessarily limited to:
- Discrimination Against a Protected Class: Discrimination is illegal against people because of their ethnicity, race, gender, gender identity, religion, sexual preferences, age, and several more. If you were fired because of discrimination, you have legal rights you can pursue.
- OSHA Complaints: Employees that file an OSHA complaint due to dangerous work conditions cannot be fired simply for reporting these dangerous conditions.
- Retaliation: No employer may retaliate against an employee for reporting discrimination or other wrongful conduct by the employer. For example, your boss cannot fire you for reporting sexual harassment in the workplace. Should they do so, you could be entitled to significant financial compensation.
- Wage and Hour Laws: Kentucky employees are allowed to utilize their sick, vacation, and other paid time off in accordance with policy and state law. An employer’s violations of their own policies or state law when terminating you could entitle you to compensation and reinstatement.
- Breach of Contract: Some employees are protected by an employment contract. They are often not at will in these situations, which may require cause to terminate you.
- Family Medical Leave Act: You cannot legally be fired for proper utilization of time under the Family Medical Leave Act.
- Workers’ Compensation: If you are hurt at work, you are likely entitled to workers’ compensation benefits. It is illegal to fire you for properly pursuing a workers’ compensation claim after an accident.
- Whistleblowers: A whistleblower is an employee that reports wrongful or illegal conduct by an employer or supervisor. It is illegal to fire an employee for reporting an issue in good faith.
There are many other types of scenarios where it can be illegal to fire you as well. If you believe your termination was wrongful in any way, speak with a qualified Kentucky wrongful termination attorney right away.
Speak to a Dedicated Wrongful Termination Lawyer in Kentucky
No employer should get away with wrongfully terminating an employee. If you face discrimination, retaliation, or other wrongful firing, you deserve quality representation.