Regardless of how long you’ve been employed, being fired is always a jarring experience. You may be wondering what you’ll do next and what sort of financial troubles will develop if you’re unable to find work quickly. In the back of your head; however, you may also feel as though something was not right about your termination. Maybe you remember a discrepancy from your contract or you feel as though you’ve been discriminated against.
No matter the reason, it’s a good idea to pursue a wrongful termination case. You may be able to keep your old job or sue your former employer for wrongfully firing you. Keep reading to learn how to recognize the signs of a wrongful termination.
Wrongful Termination in Kentucky
The Kentucky Labor Cabinet establishes and upholds the laws that protect employees.
Kentucky, like most other states, abides by at-will employment. This means that employers can hire and fire as they see fit, so long as they do not violate state or federal law, breach a contract, or fire a union member. The following actions are grounds for a wrongful termination case.
Breach of Contract
If you signed a contract upon being hired, you and your employer are legally bound to those terms. If you review your contract and find a discrepancy with the way you were terminated, you may have grounds for a wrongful termination case. Verbal promises, also referred to as implied contracts, carry weight, as well.
Discrimination
Employers with 8 or more employees are required to adhere to Kentucky discrimination laws. Under federal law, no employer is allowed to terminate an employee on the basis of race, gender, nationality, age, religion, disability or pregnancy. Employers are also not allowed to fire on the basis of tobacco use or an HIV/AIDS diagnosis.
Retaliation
Employers are not allowed to retaliate against an employee by means of termination. They may try to on the basis of whistleblowing, reporting unsafe working conditions or harassment, or taking protected time off like for family medical leave or jury duty. To prove you’ve been the victim of retaliation, you have to show you filed a legal complaint, your employer reprimanded you for your report, and you were fired.
Violation of Public Policy
If an employer violated public policy, they are firing you on illegitimate grounds. This could include terminating you for taking time off to serve in the military or notifying authorities about illegal happens in the workplace.
Federal and state laws exist in Kentucky to prevent wrongful acts of termination by employers. If you have been illegally terminated by your employer in, they should be held accountable for their actions. With the help of a Lexington wrongful termination lawyer, you may be able to seek severance pay or compensation for damages and unemployment. Contact us online today for a free consultation.
