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 basic 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 important to discover whether your employment is so classified. Work arrangements that are based on an employment contract are often not "at will", and so they cannot be terminated except according to the contract provisions.

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. An employer in Winchester also cannot fire at-will employees in retaliation for the employee filing a claim for discrimination or initiating an investigation of discrimination against the employer.

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, employers cannot fire 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 Winchester, 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.