Losing a job is a difficult and stressful experience, especially if you feel you are a victim of wrongful termination. You may wonder how you will care for yourself and your loved ones now that you are unemployed.
In Kentucky, wrongful termination can occur in several situations, such as discrimination, retaliation or a breach of contract. Knowing your rights and seeking legal advice is essential if you believe you are a victim of wrongful termination.
Here’s what you should know about wrongful termination in Kentucky and what you can do about it.
What is wrongful termination?
While generally, employment in Kentucky is considered “at will,” and employees and employers can terminate the agreement at any time, there are a few exceptions. Wrongful termination occurs when an employer terminates an employee in violation of state or federal law. This can include discrimination based on protected characteristics like race, gender, age or disability. It can also include retaliation for exercising a legal right, such as filing a complaint or reporting illegal activity. Additionally, wrongful termination can occur if an employer breaches an employment contract, such as terminating an employee before the end of their contract term.
Steps to take if you believe your employer terminated you wrongfully
If you believe that your employer terminated you wrongfully, there are steps you can take to protect your rights and seek justice. Here are some critical steps to take:
- Document everything: Keep records of any conversations or actions that led up to your termination. This can include emails, performance reviews or other documentation supporting your claim.
- File a complaint: If you believe your termination was discriminatory or retaliatory, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Kentucky Commission on Human Rights. These agencies can investigate your claim and take legal action if necessary.
- Seek legal advice: It’s essential to consult with an experienced employment lawyer who can advise you on your legal options and help you navigate the legal process.
Additionally, you should store any documentation away from work, including your work computer. Your workspace and computer are, likely, the property of your employer. Unfortunately, in some cases, supporting documentation could go missing if you keep it at work.
Legal remedies for wrongful termination
You may be entitled to legal remedies if you successfully prove that you were wrongfully terminated. These can include:
- Reinstatement: You may be able to get your job back if the court determines that your employers fired you for illegal reasons.
- Back pay: You may be entitled to back pay for your lost wages due to your termination.
- Compensatory damages: You may be entitled to compensation for any emotional distress or other damages caused by your termination.
- Punitive damages: In some cases, you may be entitled to punitive damages if the court determines that your employer acted with malice or reckless disregard for your rights.
These damages can help you support yourself and your family while you determine your next step.
If your employer fired you for inappropriate reasons, it’s crucial to take action. An experienced employment lawyer can help you understand your legal options and guide you through the legal process with empathy and expertise.