Most employment in Kentucky considered to be "at-will". This means that either the employer or employee can terminate the employment at any particular moment, and for any reason. The only general exception in "at-will" employment arrangements is that the termination may not be done for reasons which violate the law.
Employment that is not considered "at will" is not subject to the same restrictions, however, and so it is essential to discover whether your employment is so classified. Arrangements for employment that are under a defined term contract are not "at will", and can only be terminated according to the clauses contained in the agreement.
What are the Illegal Grounds for Terminating At Will Employment in Kentucky?
In a Kentucky at-will employment, discrimination is the most common unlawful ground for terminating an employee. Termination by an employer cannot be done on the basis of race, nationality, gender, or religion. An employer also may not fire an at-will employee in retaliation for the employee starting an investigation into discrimination or filing a legal claim of discrimination against the Lancaster employer.
Furthermore, 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. Finally, employers cannot terminate employees who are simply exercising a legal right, performing an obligation under law, or refusing to do an illegal act.
Do I Need a Kentucky Attorney for My Wrongful Termination Case?
A local Lancaster, Kentucky attorney can better inform you about whether a wrongful termination has occurred, and will also help in collecting the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.