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FREQUENTLY ASKED EMPLOYMENT LAW QUESTIONS
1. Can my employer fire me without a good reason? In Kentucky and most states, unless you have a contract for employment or are a member of a union your employer has no obligation to continue your employment. Essentially you may be fired for no reason, or even a bad reason. But it works both ways, you have no obligation to your employer to continue working and may quit for no reason or even a bad reason. There are a few exceptions to this general rule. Your employer may not fire you for the following reasons:
These exceptions are illegal discrimination. Employers are not legally required to treat all employees equally and it will not constitute illegal discrimination unless the decision was based on one of the above exceptions.
2. What do I do if I suspect that I have been fired for my race, religion, gender, disability, age? If you suspect that your employer has illegally terminated your employment you have several options. You may file a complaint with the EEOC or the Kentucky Commission on Human Rights (KCHR) or a local agency such as the Lexington Urban Fayette County Human Rights Commission. (LFUCHR). However, you must be careful if you decide to file a complaint with either KCHR or the LFUCHR because you may be precluded from filing a lawsuit in state court. The Kentucky courts have suggested that if a claimant files with KCHR or LFUCHR they have elected their remedy and must have their case decided in that agency. The EEOC is a federal organization and asking them to investigate will not affect your right to sue in state court so long as the EEOC does not have you also file with KCHR or LFUCHR. In fact, you must file your complaint of discrimination within 180 days of the discrimination or you will be precluded from bringing a lawsuit in federal court. It is possible to bring a cause of action in state court without first filing with any of these agencies. Because your actions with these agencies will affect your rights it is always advisable to consult with a lawyer as soon as you suspect that you have been discriminated against so you can receive appropriate guidance. . 3. What do I do if I suspect that I am being retaliation for filing a workers compensation claim? If you suspect that you are being retaliated against or have been fired for filing a workers compensation claim you should consult an attorney. If you have not yet been fired you should begin documenting conversations and actions taken against you while they are fresh in your mind. You should also make a written complaint to someone in Human Resources or a high level supervisor. 4. What is sexual harassment? An employer may not threaten or imply that an employee’s submission to or rejection of sexual advances will in any way influence any decision about that employee’s employment, advancement, duties, compensation, or other terms or conditions of their employment. An employer may not take any personnel action based on an employee’s submission to or rejection of sexual advances. An employee or supervisor may not subject another employee to any unwelcome conduct of a sexual nature. It is impossible to outline specific conduct which would constitute sexual harassment. 5. What should I do if I believe I am being sexually harassed? As soon as you believe you have been harassed, you must first bring it to the attention of someone in authority at your place of employment. It is preferable to put your complaints in writing. If your company has a complaint policy you must follow it or you may be precluded from asserting a claim because your company has the right to have the opportunity to correct the problem. 6. Can I be fired for complaining about the harassment? Your company cannot retaliate against you for bringing the harassment to their attention. They do not have to fire the person responsible, they must only take reasonable measures to correct the problem. If the harassment continues you must again report it to someone in authority. It is again, preferable to do this in writing. It is to your advantage to document conversations and any actions taken by the company in the event that the harassment is not stopped and you wish to take legal action. It is always advisable to consult with an attorney as soon as you believe you have been harassed. 7. Can I quit my job if the harassment doesn’t stop and later sue the company? No, unless the harassment is so intolerable that a reasonable person could not continue to work under the same conditions. The most advisable way to proceed is to continue to work with management and ask that action be taken to stop the harassment. 8. Do I need a lawyer and how much will it cost? It is always advisable to consult with a lawyer whenever you believe that your rights have been violated. In many instances the company will be willing to correct the situation and legal action will not be necessary. Under many of Kentucky’s anti-discrimination statutes the attorney fees will have to be paid by the employer if discrimination is proven. Therefore, many attorneys will represent you on a contingency fee basis if your claims appear to be meritorious. However, because each case is different you should consult an attorney for a consultation as to fees.
THIS ARTICLE IS INTENDED TO DISCUSS GENERAL LEGAL PRINCIPLES. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR SPECIFIC LEGAL ADVISE FROM AN EXPERIENCED ATTORNEY AS TO YOUR PARTICULAR SITUATION AND NEEDS.
Busald,
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