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?
In the state of Kentucky, employee discrimination is the most common illegal ground for termination in an at-will employment. Employers are prohibited from terminating their employees on the basis of race, gender, religion, or nationality. A Henderson employer also is prohibited from terminating at-will employees as a method of retaliation if the worker has sought an investigation into discrimination or has filed a legal claim for discrimination against the employer.
Further, the Family and Medical Leave act makes it illegal for employers to terminate any of their employees who have taken leave based upon family or medical needs. Lastly, an employer may not fire an employee for refusing to do something illegal, for exercising a legal right, or performing a legal obligation.
Do I Need a Kentucky Attorney for My Wrongful Termination Case?
Local Henderson, Kentucky lawyers can properly inform you regarding whether a wrongful termination has in fact occurred. They can also help you gather the necessary documents for your case, and can guide you through any procedures that may be unique or unfamiliar.