KENTUCKY EMPLOYMENT LAW
Employment Law (also referred to as Labor Law), includes numerous issues that arise in the association between an employer and his employees. Disability law, wages and hours, health and safety, wrongful termination, discrimination at the workplace and sexual harassment are just a few of the possible issues that may come about in this context. Employees who need to file a labor complaint should submit such a complaint to the Kentucky Labor Cabinet.
Certain employment matters (discrimination, sexual harassment and wrongful termination) necessitate the advice of an employment attorney because of their complicated nature and because of the need to collect vast amounts of evidence to prove these types of cases.
Why Hire A Kentucky Employment Attorney?
Federal law and state law complexly interact in Kentucky wrongful termination and employment law cases. For success in your case, this connection must be investigated and asserted. A Kentucky employment lawyer can assist you in structuring and filing a discrimination complaint against your employer, help you to submit a claim for wages, or discuss your case with you to help you determine whether or not your claim is valid and worth filing or if it will end up costing you money and time. Additionally, a Kentucky employment attorney can argue your claim for wrongful termination against your former employer. Wrongful termination cases may be particularly difficult for an employee because they require a great deal of communication with his former boss. A wrongful termination lawyer can deal with the employer and in so doing make the process much less stressful for the employee.
If you seek to file a claim with the Kentucky Labor Cabinet, or would like a detailed clarification of the benefits and rights available under Kentucky employment law, contact a Kentucky employment attorney.
Wrongful Termination in Kentucky
Employment in Kentucky is "at will." As such, an employer may terminate his employees for any reason (or no reason) so long as the reason for termination is not illegal, and at any time. Likewise, an employee is free to leave his employment whenever he chooses. In general, however, if the worker has an employment contract, he can only be terminated for reasons listed in the contract.
If an employer fires a worker for an illegal or discriminatory reason it is considered "wrongful termination" in Kentucky. The following reasons for termination are illegal in Kentucky:
Any questions you have about wrongful termination may be answered by a Kentucky wrongful termination lawyer.
Wrongful termination in Kentucky is often when an employer fires his workers for discriminatory reasons. If a person is either not hired or is fired because of, for example, his age or his disability, but he is otherwise experienced for the job, the practice is wrongful termination. Additionally, if pregnancy is viewed as a disability by an employer, a worker cannot be fired because she is pregnant.
In addition to age and disability, race, sex, national origin and/or religion cannot be the basis for the termination of an employee. If you believe you have been fired for one of these reasons, it is in your best interest to seek counsel from a Kentucky wrongful termination attorney.
Employee Wage/Hour Concerns in Kentucky
Workers in Kentucky must be paid at least minimum wage. As of July 1, 2009, the minimum wage in Kentucky is $7.25 an hour. Wages must be paid at least semi-monthly on regularly scheduled pay days.
If you have not been paid for your work, you should contact a Kentucky employment attorney about filing an "Employee Complaint Form" (Form ES-8) with the Kentucky Labor Cabinet.
Federal law, in the Fair Labor Standards Act, mandates that if a worker acquires overtime in Kentucky (over 40 hours a week) he or she is entitled to time-and-a-half pay for all overtime hours worked. The United States Department of Labor, Wage and Hour Division is responsible for the enforcement of the Fair Labor Standards Act. Claims for unpaid overtime should be filed with the Kentucky Labor Cabinet. A Kentucky employment attorney can help you complete and submit your claim.
Discuss any questions or concerns you have about filing a claim for wages or overtime with a Kentucky employment attorney.
Kentucky Employment Benefits
Kentucky workers may receive paid vacation days, sick leave, healthcare benefits and life insurance; however, Kentucky employers are not required to give their workers these benefits. Kentucky employers must give their employees a rest break of at least 10 minutes during each 4 hour period worked, in addition to a reasonable period for lunch.
Kentucky employers are not required under disability law to provide short-term disability benefits to their employees for the injuries or illnesses that come about outside of the workplace and that are not related to their jobs. Paid maternity leave is also not mandated under Kentucky state law, but 12 weeks of unpaid maternity leave are provided under the Family and Medical Leave Act (FMLA). Although Kentucky disability law does not cover injuries and illnesses that occur outside of the workplace, if a worker is injured in a work-related accident or becomes ill because of conditions at his workplace, he may be compensated.
If you have been injured on-the-job, you should get in touch with a Kentucky wrongful termination attorney who can help you determine whether or not you have a claim for workers' comp, and if so, what amount of compensation you may be eligible for depending on the classification of your injury.
Kentucky Employment and Labor Law Statutes
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