Have you recently lost your job? If so, you might be wondering whether you have grounds for a wrongful termination lawsuit. In Kentucky, as in other states, employees work at will. This means an employee can generally be fired at any time and for any reason, or for no reason at all.
But there are some exceptions to the at-will rule. If your Kentucky employer fires you for discriminatory reasons, in violation of an employment contract, or in retaliation for exercising your rights, for example, you may have a legal claim against your employer for wrongful termination.
What If You Were Illegally Fired During the Coronavirus Pandemic?
A shocking number of Americans have lost their jobs as a result of the economic downturn stemming from the COVID-19 pandemic. But what if you were fired during the pandemic? Depending on the reason you were dismissed, you might have a valid claim for wrongful termination. For instance, it would generally be illegal for your employer to fire you:
- in retaliation after you complained about or reported unsafe working conditions, such as inadequate personal protective equipment (PPE), social distancing, or cleaning
- for refusing to work because you had a reasonable belief that you faced an immediate risk of death or serous physical harm due to unsafe working conditions
- for refusing to violate a legal shelter-in-place order
- for taking family or medical leave under state or federal law, including the Families First Coronavirus Response Act (FFCRA) and the federal Family and Medical Leave Act (FMLA) (discussed below)
- because you have a preexisting condition (including your age) that makes you more vulnerable to the coronavirus, or
- because you filed a claim for workers' compensation benefits for COVID-19.
Also, if you were essentially forced to quit your job because of serious coronavirus-related safety hazards that put you at risk, you might have grounds to sue your employer for "wrongful constructive termination" in violation of public policy. In order to succeed with this argument, you would generally have to show that your former employer intentionally created or allowed working conditions that violated public policy (such as laws requiring a safe work environment) and were so intolerable that any reasonable person in your position would have been compelled to resign. (Learn more about wrongful termination in the context of COVID-19.)
Every state's laws on wrongful termination are different. This article covers some of the common legal grounds you might have for suing your employer in Kentucky for wrongful termination. But it's not a comprehensive list of Kentucky employment rights, which can change as courts issue new rulings and legislators pass or modify laws. To find out the full extent of your legal claims, speak to an experienced Kentucky employment lawyer. To learn more about Kentucky employment law, contact the Kentucky Labor Cabinet.
Under federal law, it is illegal for an employer to fire an employee based on a protected characteristic. Federal law prohibits employers from firing employees based on race, color, national origin, sex, pregnancy, religion, age (if the employee is at least 40), disability, citizenship status, or genetic information. However, only employers with a minimum number of employees must comply with these laws. Most types of discrimination are prohibited once an employer has at least 15 employees; the minimum is 20 employees for age discrimination and four employees for discrimination based on citizenship status.
Kentucky law prohibits employment discrimination based on race, color, national origin, sex, religion, age (at least 40 years old), disability, HIV/AIDS, off-duty tobacco use, or occupational pneumoconiosis (black lung) without respiratory impairment resulting from exposure to coal dust. Kentucky employers with at least eight employees must comply with these laws.
These laws also make it illegal for an employer to retaliate against you for asserting your rights. For example, if you complain to your company's HR department that you believe you were passed over for promotion because of your age, your employer may not discipline or fire you for your complaint. Likewise, your employer cannot fire you for participating in an investigation of a discrimination complaint (no matter who made the complaint), testifying in court, or making other efforts to stop discriminatory practices.
Before filing a discrimination or retaliation lawsuit, you must file a complaint with the appropriate government agency. In Kentucky, the Kentucky Commission on Human Rights enforces the state's laws prohibiting discrimination; the Commission has offices in Louisville and Covington. In many cases, state fair employment practices agencies will record your complaint with the Equal Employment Opportunity Commission (EEOC), the agency that enforces federal antidiscrimination laws. However, you should check to make sure. If not, you may also have to file a complaint with the EEOC; you can find contact information for the nearest office at the EEOC's Field Offices page.
If you have an employment contract promising you job security, you may not be an at-will employee. In Kentucky an employment contract may be written, oral, or implied. In the first two types of contracts, your employer makes oral or written promises not to fire you for a certain period of time without good cause. In an implied contract, your employer acts in a way that creates a reasonable expectation that you would continue to be employed. For example, statements in your employee handbook that show an intention to alter your at-will status may qualify as an implied contract. If you have an employment contract, and your employer fires you without good cause, you have a legal claim for breach of contract.
Employees in Kentucky are entitled to the minimum wage of $7.25 an hour. Under federal and Kentucky law, employees who work more than 40 hours a week are eligible for overtime. Kentucky law requires employers to provide both meal and rest breaks. Employees are entitled to a reasonable off-duty meal period close to the middle of the shift, and the employee must be able to take it between the third and fifth hour of work. Employees are also entitled to a paid ten-minute rest period for each four-hour work period, and the rest period must be in addition to a regularly scheduled meal period. It is illegal for employers to fire employees for filing wage complaints, testifying in wage hearings, or other participating in wage and hour proceedings.
State and federal laws give employees the right to take time off work for certain civic obligations and personal responsibilities. Employers may not discipline or fire workers for exercising these rights. In Kentucky, these rights include:
If you think you were fired illegally, talk to a Kentucky employment lawyer. A lawyer can help you sort through the facts and assess the strength of any claims you may have against your former employer. A lawyer can explain your options and help you protect your rights, whether you decide to try to get your job back, negotiate a severance package, or take your former employer to court.