Wrongful termination happens when an employer fires an employee in a way that breaks the law or an employment agreement. While Kentucky follows at-will employment laws, meaning an employer can generally fire an employee for any reason, there are exceptions. It’s important to understand what situations might lead to a wrongful termination in Kentucky.
Breaking employment contracts
If you have a contract that outlines specific reasons for termination, firing you in violation of those terms can be wrongful. For example, if your contract states that you can only be fired for certain reasons or that your employer must give notice before firing you, terminating you without following these rules could break the contract.
Discrimination or harassment
Kentucky law makes it illegal for employers to discriminate based on race, sex, age, religion, disability, or national origin. If an employer fires you for any of these reasons, it may count as wrongful termination. Federal laws, like the Civil Rights Act and the Americans with Disabilities Act, also protect against discrimination.
Firing someone after they report harassment, including sexual harassment, also counts as illegal. If you face retaliation for reporting harassment, that could also lead to a wrongful termination claim.
Retaliation for whistleblowing
Kentucky law protects employees from being fired for reporting illegal actions or unsafe practices. If you report your employer for things like fraud, unsafe working conditions, or violations of the law and your employer fires you in retaliation, that counts as wrongful termination.
Violating public policy
An employer cannot fire you for reasons that go against public policy. For example, firing you for taking time off to serve on a jury or for refusing to participate in illegal actions can count as wrongful termination. Public policy exceptions protect employees when they act in the interest of society.
Discrimination based on sexual orientation or gender identity
Although Kentucky doesn’t have state laws protecting against discrimination based on sexual orientation or gender identity, federal laws like the Civil Rights Act now offer protections. Firing someone for being LGBTQ+ may count as wrongful termination under federal law.
Kentucky may allow at-will employment, but the law provides important protections against wrongful termination in certain situations. If you think you were wrongfully terminated, you should check your case under both state and federal laws.