What is a wrongful termination? Wrongful dismissal is when an employer, for an unlawful reason, fires an employee. Employees wrongfully terminated in KY can choose to pursue a claim against the employer who let them go.
Understanding wrongful termination in Kentucky is crucial to filing a lawsuit and receiving compensation for an employer’s wrongdoing.
- Types of Illegal Termination in Kentucky
- Types of Legal Termination in Kentucky
- At-will Employment Exceptions in Kentucky
- Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Kentucky
- Filing a Lawsuit Against Your Employer in Kentucky
Unlawful termination in Kentucky can be a financial burden to employees who rely on income from their employer. Workers wrongfully terminated from jobs should review their rights to see if they can file a claim against their former employer. After being wrongfully fired from a job, former employees may be able to receive compensation if they are able to prove that the termination was unlawful.
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Types of Illegal Termination in Kentucky
Several types of illegal terminations in Kentucky exist that give former employees the right to file a wrongful termination claim. Claimants should review the types of illegal firings if they believe they should file a legal claim to pinpoint the precedent.
Types of illegal termination of employment include discrimination based on an employee’s age, race, religion or sexual orientation. Other types of unlawful termination of employment involve retaliation such as firing an employee after becoming pregnant or qualifying to collect worker’s compensation.
If one of these types of unlawful terminations applies to a Kentucky resident, he or she may have a legal case to pursue. Employees who encounter these types of illegal dismissal of employment can bring their case to court, as their employer violated their rights.
Types of Legal Termination in Kentucky
Many types of legal termination in Kentucky may seem unfair to the employee but are lawful reasons an employer can fire employees. These types of legal dismissal of employment are not punishable by law and are not valid reasons to pursue a lawsuit against a former employer.
Legal reasons for terminating employees in Kentucky include poor job performance or the end of an employment contract. Other types of legal firings include company layoffs or the closing of the business. Employees should fully understand the types of legal termination of employment in KY before considering a lawsuit against an employer. Former employees do not have a case if fired under just and legal cause.
At-Will Employment Exceptions in Kentucky
Is Kentucky an at-will state? Aside from the at will employment exceptions in Kentucky, the state is allows at-will employment. What is employment at will? At-will employment involves a legal agreement between the employer and employee that states that either party can terminate the employment contract at any time for any legal reason. When employees accept a new job that operates under this federal policy, they should review the exceptions to at-will employment in Kentucky and how they can affect their job:
- The public-policy exception states that an employer cannot fire an employee for the reason that violates public policy, such as not doing something illegal at the request of the employer.
- The implied-contract exception exists when an understood agreement between an employee and employer takes place, such as a hiring packet stating that an employee will remain employed if they do their job well.
Exceptions to at-will employment that the state of Kentucky does not follow include the covenant-of-good-faith exception, which pertains to employers firing employees for a reason seen as malicious. This can include firing an employee before he or she becomes eligible for health benefits to cut back on costs.
Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Kentucky
Filing a charge of discrimination in Kentucky is necessary if an employer fired an employee for unjust reasons, such as race, sex, religious affiliation or disability. Workers wondering how to file a charge of employment discrimination can contact the Equal Employment Opportunity Commission (EEOC) or the Kentucky Commission on Human Rights (KCHR) to file a claim.
Employees who want to file a wrongful termination discrimination charge need to file a claim within 180 days of the discrimination date. Employees can file a claim through the EEOC in person at a field office, by mail or by phone. Kentucky workers wondering how to file an EEOC employment discrimination charge should gather all information about their alleged discrimination and be ready to submit it to the EEOC.
Filing a charge of discrimination in Kentucky usually begins with mediation. The EEOC may require the employee reporting the claim and their employer to participate in a mediation program, which can help both parties come to a resolution together. Employees who file a wrongful termination discrimination charge may not come to an agreement with the employer during mediation and this leads to the employer having to undergo an investigation.
The employer must complete a written response to the discrimination referred to as a “Respondent’s Position Statement.” The EEOC may also request interviews at the place of employment where the alleged discrimination occurred.
Employees who file a charge of employment discrimination in Kentucky need to wait for the EEOC to complete a thorough investigation before they can pursue further legal action. The employer may receive a legal subpoena if they refuse to cooperate with the investigation.
If the EEOC cannot determine if a law has been broken or the employee and employer cannot come to a settlement agreement, the employee can file a lawsuit against their former employer. Employers must wait for a Notice of Right to Sue from the EEOC before they can file a lawsuit against the employer. Employees should know how to file an EEOC employment discrimination charge before taking any legal action when dealing with discrimination in the workplace.
Filing a Lawsuit Against Your Employer In Kentucky
Employees can file a lawsuit against employers for wrongful termination once they receive a Notice of Right to Sue from the EEOC. Suing for wrongful termination in Kentucky can be a lengthy and overwhelming process. Workers wondering how to file a wrongful termination lawsuit should consider the benefits of the legal training of an experienced attorney.
Can I file a lawsuit for wrongful termination and win? Filing a wrongful termination claim against an employer requires furnishing evidence of wrongdoing. To file a lawsuit against your employer in Kentucky, you and your lawyer will need to gather as much information as possible to solidify the claim.
This may include pay stubs, hiring/firing paperwork, witness statements and testimonies from the person responsible for the firing. Filing a wrongful termination claim against an employer with proper evidence and a professional attorney can increase your chances of a successful case to receive the compensation you deserve.
Last Updated: October 18, 2022