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Copyright © 2012 by Patricia A. Abell, Attorney at Law.  All Rights Reserved.
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Client Service Area:
Patricia Abell’s Law office is located in Louisville, Jefferson County, Kentucky.  My office serves bankruptcy clients living in the Kentucky counties of Breckinridge, Bullitt, Hardin, Jefferson, Larue, Marion, Meade, Nelson, Oldham, Spencer and  Washington, This includes the cities of Cloverport, Hardinsburg, Irvington, Fox Chase, Hebron Estates, Hillview, Lebanon Junction, Mount Washington, Pioneer Village, Shepherdsville, Elizabethtown, Radcliff, Sonora, Upton, Vine Grove,  West Point, Anchorage, Audubon Park, Buechel, Goose Creek, Hurstbourne, Jeffersontown, Okolona, Prospect, Hodgenville, Bradfordsville, Lebanon, Loretto, Raywick , Brandenburg, Ekron, Muldraugh, Bardstown, Bloomfield, Fairfield , New Haven, Crestwood, Goshen, Lagrange, Pewee Valley, Taylorsville, Elk Creek, Mount Eden, Springfield.

 Providing Personal Service and Experience 
to  Businesses Owners at Competitive Rates. 

I understand the need for cost effective representation and I strive to not only address my clients’ current issues but to provide them with the tools they need to avoid similar problems in the future.                           
Experienced Litigator
    
I have litigated cases in both state and federal court and have represented clients in hearings before state and federal agencies.  In a non-litigation role, I work with business owners on general liability, personal injury, property damage, insurance, employment, and contract issues - including federal contract compliance.   I advise employers regarding employment policies and help them to achieve cost-effective solutions to employment issues.   
Problem Solving

While I am most often called upon to react to a crisis, I also assist clients who want to proactively set up business systems that meet legal requirements.  For example, I work with clients to install policies and procedures to respond to Family Medical Leave Act requests; or to address employment record keeping procedures, privacy rights, ERISA, ADEA, ADA, EEO, FLSA requirements and their state law counterparts.


Human Resource issues
At-Will Employment
American with Disabilities             Act
Defamation/ Libel/Slander
     Discrimination/Harassment
Age
Race
Sex
National Origin
Pregnancy
     Employment Policies and                   Procedures 
    Family Medical Leave Act
Fair Labor Standards Act
Wage & Hour
Overtime Pay
Exempt Employees
    Harassment
     Hiring and discharge
      Wrongful Discharge
Internal Investigations
Lawsuits filed by former                   employees
Privacy rights
Unemployment
 
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Personal Service, Experience , Competitive Rates.
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Patricia A. Abell |Attorney at Law | The Normandy Building | 101 North Seventh St. | Louisville, KY 40202 | Phone: (502)561-3455 | pabell@patriciaabell.com
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Business law practice Areas include:

Business Formation
Drafting Contracts  
Employment Related Agreements
Non-compete,
Non-solicitation 
Non-Disclosure 
Employee Separation 
Release  of Claims

Contract Disputes (Breach of Contract)
Federal Contract Compliance
Insurance issues and disputes
Coverage issues
Directors and Officer Liability
Errors and Omissions
Third Party Claims
Breach of Fiduciary Duty

At-Will Employment 

In Kentucky, the general rule is that the employment relationship is at-will.  At-will employment simply means that either the employer or the employee can end the employment relationship at any time, with or without cause.  The employer and employee can agree to enter into a contract changing the at-will employment relationship to a contractual employment relationship.  Also, some actions by the employer can result in inadvertently creating a contractual employment relationship.   Even when an employment is at-will, an employer must still follow all federal, state and local laws governing the employment relationship.  A few examples of the federal laws include the:  Americans with Disabilities Act, Family Medical Leave Act, Equal Employment Opportunity Act Discrimination, Harassment) and The Fair Labor Standards Act.  Back to Top

Unemployment 


All employers are required to pay into the unemployment compensation fund.  Employees who have worked long enough to meet Kentucky’s “base period” requirements and have lost their jobs through no fault of their own, are willing and able to work, and are actively seeking employment are entitled to receive unemployment compensation.  This does not mean that an employee cannot receive benefits if they were fired instead of laid off.   In Kentucky, unemployment is liberally granted.  If the employee was fired, the unemployment commission conducts an initial inquiry and often a hearing to determine  their right to receive benefits.  Neither the employer nor the employee is required to have an attorney present at the hearing. However, when there are particularly unpleasant circumstances surrounding the discharge, the employer and/or the employee often have an attorney represent them.  Also, employers who are unfamiliar with the process sometimes ask a lawyer to appear at the hearing with their representative until such time as they are comfortable handling these matters on their own. Back to Top


Wrongful discharge/Wrongful termination.  

Even though Kentucky follows the doctrine of at-will employment, Kentucky’s Supreme Court has said that there are exceptions to the doctrine of at-will employment.   To qualify as an exception: 
1) The discharge must be contrary to a fundamental and well-defined public policy as evidenced by existing law. 
2) That policy must be evidenced by a constitutional or statutory provision. 
3) The decision of whether the public policy asserted meets these criteria is a question of law for the court to decide, not a question of fact.   

You should contact a lawyer, for an evaluation of your case.  Back to Top

Kentucky does not certify specialties of legal practice.