Suing for wrongful termination in Kentucky can be a lengthy process. Workers wondering how to file a wrongful termination lawsuit should consider the benefits of the legal training of an experienced attorney. Filing a wrongful termination claim against an employer requires furnishing evidence of wrongdoing.
What Constitutes Wrongful Termination?
A wrongful termination claim in Kentucky is a very specific way for a former employee to bring a lawsuit against an employer for being fired. Wrongful termination can include:
- Firing in violation of anti-discrimination laws
- As a mode of sexual harassment
- In retaliation for a complaint or claim against the employer filed by the employee (whistle-blower).
It is not possible to state exactly how a wrongfully terminated employee will be compensated for the actions taken against them. They must talk to an employment law attorney to understand what laws or policies were violated. The types of violations involved in their claims will dictate what options they may have for seeking relief. However, under different laws and in different circumstances, workers may be able to be reinstated into their positions after wrongful terminations. They may be compensated for lost wages and provided with benefits for their periods of unemployment.
If you are a victim of workplace wrongful termination in Kentucky, you may be able to pursue a claim against your employer. While Kentucky is an employment-at-will state, there are laws that offer protections. You cannot be fired for a discriminatory reason, or because you reported discrimination or were a participant or a witness in another person’s workplace discrimination case.
An employment termination is considered wrongful if an employer has fired or laid off an employee for illegal reasons. Although employment relationships in Kentucky are "at-will," federal law does not allow employers to act in a discriminatory manner. Some reasons for termination of employment that are considered illegal include termination in violation of federal and state anti-discrimination laws and as a form of sexual harassment.
Proving Wrongful Termination and Possible Remedies
In order to prove a wrongful discharge claim, a plaintiff has to establish:
- That the discharge is contrary to fundamental and well-defined public policy as evidenced by existing law.
The employer cannot terminate or mistreat any worker based on race, gender, religion, national origin, or sexual orientation. There are both state and federal laws which say that these protected classes of people cannot be subjected to any disciplinary action or job loss.
Federal law makes some reasons for termination illegal. These include firing based on race, gender, national origin, disability, religion, genetic information, or age. Kentucky also protects employees from retaliation for reporting illegal activity.
If an employer violates these laws, the terminated employee may have grounds to file a wrongful termination lawsuit. Possible remedies include reinstatement to their job, back pay for lost wages, and benefits to cover periods of unemployment. However, wrongful termination cases can be complex. Most employees benefit from an attorney’s guidance when filing a claim.
Examples of Wrongful Termination
Wrongful termination is dismissal from a position that violates legal statutes, public policy, or an employer’s contractual obligation. Examples include firing for:
- A discriminatory reason
- Blowing the whistle on misconduct
- Filing a workers’ compensation claim
- Enduring a hostile work environment
- Demanding unpaid wages or refusing to work without pay
- Cooperating in a workplace harassment claim
An employer cannot retaliate against you for exercising rights under federal whistleblower laws. Examples are when an employee reports:
- A discriminatory situation against the company
- Safety violations to OSHA
- Illegal activities to the authorities
- Wage discrimination
Even in an at-will state, it is unlawful for employers to terminate for reasons such as race, gender, age, religion, disability, genetic information, or in retaliation for legally protected activity like reporting harassment.