Patricia A. Abell |Attorney at Law | The Normandy Building | 101 North Seventh St. | Louisville, KY 40202 | Phone: (502)561-3455 | pabell@patriciaabell.com
CONTACT INFORMATION Patricia A. Abell | Attorney at Law | The Normandy Building |
101 North Seventh St. | Louisville, KY 40202 | (502)561-3455 |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.
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 employee often have an attorney representing 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
Unemployment Appeal Hearings
When an employee is laid off or discharged, their employer sometimes contests their right to receive benefits. If a decision is issued that a former employee has no right to receive unemployment compensation, they have a right to appeal. Appeals often result in the employee receiving benefits. While you are not required to have a lawyer represent you at the appeals hearing, if you are not familiar with the legal process it is often a good idea to hire a lawyer to represent your interests during the hearing. Sworn testimony is taken from each party and any witnesses at the hearing. Documents may also be admitted into evidence by the hearing officer. The evidence taken at the hearing is part of the legal record and will form the basis of any subsequent appeal.
If you are have been laid off or fired from your job, you may want to read the brochure found on Kentucky’s web site titled: Your Rights And Responsibilities While Claiming Unemployment Insurance Benefits. It can be found at: http://www.oet.ky.gov/des/documents/PAM-UI-400rev1-2007.pdf
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.
Copyright © 2012 by Patricia A. Abell, Attorney at Law. All Rights Reserved.
Client Service Area:
Patricia Abell’s Law office is located in Louisville, Jefferson County, Kentucky. My office serves employment law clients in the Louisville metro area, Bullitt, Marion, Oldham, Shelby, Spencer, Franklin and Fayette counties. My office also 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.
