Most employment in Kentucky considered to be "at-will". This means that either the employer or employee can terminate the employment at any given moment, and for any reason. The only exception to this are reasons that the law has specifically outlined as impermissible to use as a basis for employee termination.
Employment not falling in the "at will" category is subject to different limitations and requirements, so you should be sure to learn the classification of your work setup. In general, employment that is subject to a set period employment contract is not considered to be "at will", and termination can only happen in accordance with procedures outlined in the contract.
What are the Illegal Grounds for Terminating At Will Employment in Kentucky?
Discrimination is the most common illegal grounds for terminating an employee in Kentucky. Employers are not allowed to terminate an employee because of their race, religion, nationality, or gender. Employers in Fayette County may also not terminate at-will employees as an act of retaliation if they have filed a legal discrimination claim or prompted an investigation into discrimination.
Additionally, employers are prohibited by the Family and Medical Leave act from firing those employees who take leave in order to address family or medical concerns. Lastly, employees are protected from being fired by their employer for performing a legal obligation, exercising their legal rights, or for refusing to participate in an illegal act.
Do I Need a Kentucky Attorney for My Wrongful Termination Case?
A local Fayette County, Kentucky attorney can better inform you about whether a wrongful termination has occurred, and will also help in gathering the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.