Tilford Dobbins & Schmidt, PLLCTilford Dobbins & Schmidt, PLLC2026-11-12T19:30:59Zhttps://www.tilfordlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1602252/2020/11/cropped-favicon-32x32.jpgOn Behalf of Tilford Dobbins & Schmidt, PLLC<![CDATA[How to legally reduce an employee’s pay]]>https://www.tilfordlaw.com/?p=487272026-11-12T19:30:59Z2026-11-12T19:30:59ZCutting a worker’s pay may become necessary. As an employer, it is not a task you relish, but you may need to reduce employees’ pay to avoid layoffs and help the company be financially viable.
Pay reductions sometimes lead to conflicts with these employees, so it is important to know how to do it legally. The following tips can help you avoid significant mistakes and oversights.
Only apply the change moving forward
First and foremost, never try to reduce an employee’s pay for hours that they have already logged. You can tell them they will make less money tomorrow, but you cannot tell them that they are actually going to earn less for work they did yesterday.
Inform the employee upfront
Similarly, the employee needs to be told about the pay reduction before they work any hours at the new rate. This gives them a chance to agree to the reduction and intentionally work at the lower rate.
Avoid any type of discrimination
Furthermore, pay cuts should never be discriminatory. Do not reduce pay for all female employees but not male employees, for example. Be conscious of protected classes and ensure that pay reductions apply to your staff equally.
Always adhere to minimum wage
Finally, even though you are the business owner, you do have to adhere to wage and hour laws. This means you can never reduce someone’s pay rate below the minimum wage, whether or not they agree to it. The minimum wage in Kentucky is $7.25, the same as the federal minimum wage.These steps can help you avoid legal issues, but if disputes do arise, be sure you know what steps to take.
]]>On Behalf of Tilford Dobbins & Schmidt, PLLC<![CDATA[Empty nesters and the rise in gray divorce]]>https://www.tilfordlaw.com/?p=487252026-11-02T06:33:19Z2026-11-02T06:33:19ZGray divorce has grown more common in the United States over the last few decades. It was very unusual for those over 65 to get divorced prior to the 1990s, for instance. But the divorce rate for this age group tripled in three decades, from the 1990s to the 2020s.The same general trend can be seen when just looking at those who are over or under 45. For younger couples below 45, divorce rates have been falling. For couples over 45, however, divorces have been growing more common. This is often referred to as gray divorce.
Why would becoming an empty nester play a role?
In some cases, divorce happens to parents after their children move out of the house. They become empty nesters. This is a significant time of change, and they may reconsider what they want out of their personal relationship.Often, this is just a time for them to redefine themselves as more than parents. They may make plans for the future or consider what they want in retirement, for example. When two spouses do not agree on what they want the future to look like, that is when divorce could follow.In other cases, couples experience high levels of conflict as empty nesters. The relationship may not have been perfect before, but parenting served as a distraction that meant they did not realize how their own personal relationship had changed. Once the children are no longer living in the home, these conflicts and disagreements become clearer, and couples decide that it is time to end the marriage.Gray divorce cases are often a bit more complex financially, especially when addressing retirement and jointly-owned marital assets. It is important for couples in this age bracket to know what steps they can take to secure their financial future as their marriage ends.
]]>On Behalf of Tilford Dobbins & Schmidt, PLLC<![CDATA[What does workplace retaliation look like?]]>https://www.tilfordlaw.com/?p=487232026-10-30T19:50:25Z2026-10-30T19:50:25ZWhat is a protected legal activity?
Federal and state laws protect employees who take part in specific actions. These protected activities include reporting discrimination, participating in a workplace investigation or requesting a disability accommodation. You have a right to speak up about conduct that violates these specific laws and your employer cannot punish you for it.
The link between your report and the outcome
You must show that your protected activity led to the negative result. The required strength of this connection can vary based on the law. For some claims, your report must be the decisive reason for the action.
For others, it only needs to be a significant factor. While close timing can help make your case initially, it is often not enough on its own if the employer states a legitimate business reason for their action.
Examples of a negative employment action
Retaliation is not just about termination. The legal test is whether an employer's action would likely discourage a reasonable employee from speaking up. This could include a demotion, a pay cut, a transfer to a remote location or a sudden poor performance review after years of positive feedback.
How you can document what happened
Keep your own personal notes about events. Write down dates, who was present and what was said in conversations. Be careful with company documents like internal emails. Copying or removing your employer's records could break company rules and might not be a legally protected action.
A bad boss vs. an illegal response
Not every negative experience at work is illegal. An employer can be a difficult manager. However, they cannot take an adverse action against you because you exercised a legal right.
The reason for the employer’s conduct is what separates poor management from illegal retaliation. If you believe you face retaliation, it may be beneficial to discuss the specific facts of your situation with experienced legal counsel.]]>On Behalf of Tilford Dobbins & Schmidt, PLLC<![CDATA[Business ownership percentages during transactions]]>https://www.tilfordlaw.com/?p=487212026-10-14T14:58:15Z2026-10-14T14:58:15ZFor businesses that are jointly owned, such as a business partnership, it is very important to determine the exact ownership percentages held by each individual. These should be laid out in the partnership agreement.This could be relatively simple. If two people own a business, they may both hold 50% ownership. But even when it is that straightforward, it is important to get this in writing and legally acknowledge those ownership percentages, rather than making any assumptions. This becomes especially important during any transactions.
The decision to sell
For one thing, ownership percentages sometimes influence who makes important decisions for the company. If both people have 50% ownership, one partner cannot simply decide to sell the business on their own. They would have to work with their business partner, and both would have to agree to the transaction up front.That may also be true with minority owners, such as someone who only holds 10% of the business, but it will then depend on how their ownership was structured and how the partnership agreement was written.
Dividing the proceeds
After the business transaction takes place, the previous ownership percentages can also help to dictate how the proceeds should be split. This is similar to how business partners may split up earnings while they are running the company.Ideally, all of these factors will be considered in advance so that each partner will know exactly how much money they should earn in the sale of the business before the transaction has even been completed. When one person believes they have not been given their fair share, it can lead to significant legal disputes.Whether you are drafting a business partnership agreement, navigating a transaction or addressing one of these disputes, it is very important to understand exactly what legal steps to take.]]>On Behalf of Tilford Dobbins & Schmidt, PLLC<![CDATA[How can a trust help protect assets for your children?]]>https://www.tilfordlaw.com/?p=487192026-10-06T12:49:36Z2026-10-06T12:49:36ZIf you want your children to benefit from their inheritance without having immediate and unrestricted access to everything they inherit, a trust can give you greater control over how those assets are managed and distributed. Rather than transferring property directly to a child, you can place assets in a trust and establish terms governing when and how the child may receive distributions.
Here’s how a trust can help protect the assets you leave your children and give you greater control over how their inheritance is managed.
Keep an inheritance under controlled management
A trust can be structured so that your child does not receive the entire inheritance outright. Instead, a trustee manages the trust property and makes distributions according to your instructions. For instance, the trust could permit distributions for a child’s education, health, maintenance or support while allowing other assets to remain invested for later use. You may also establish age-based distribution terms rather than giving a child unrestricted control at a young age.
Spendthrift provisions can provide additional protection
A trust may include a spendthrift provision that prevents a beneficiary from giving away or selling their interest in the trust. In simple terms, your child generally cannot transfer their right to receive trust proceeds to someone else before receiving a distribution. The provision may also make it harder for certain creditors to reach the trust assets before they are distributed to your child.
The trustee plays an important role
The trust document is only part of the equation when it comes to protecting an inheritance. The trustee you choose will also play an important role in managing the trust assets, making investment decisions and determining whether requested distributions follow the terms of the trust. Qualified legal guidance can help you structure the trust around your goals, understand the protections available under Kentucky law, and select a trustee capable of managing the assets responsibly so the trust can serve your children as intended after your death.
]]>On Behalf of Tilford Dobbins & Schmidt, PLLC<![CDATA[Addressing student loans during a divorce]]>https://www.tilfordlaw.com/?p=487162026-09-19T14:05:42Z2026-09-19T14:05:42ZDebts often need to be divided during a divorce. People often think about their assets first, which is natural. But they also have to split up things like shared credit card debt, car loans or even the balance of a home mortgage. This is why a lot of couples simply sell the house, so that they can pay off the mortgage and keep any remaining money from that sale.
But what about student loans? These can get a bit more complicated because it often depends on when they were taken out.
Loans from before the marriage
Often, married couples will each have loans that they took out, but they did so years before they ever got married. These are often treated as separate debts. The person who took them out is still responsible for paying them back, but their spouse does not have to split those debts or take on any responsibility themselves, even after the divorce.
Loans from during the marriage
Where things get complex is if the couple took out loans while they were already married. These may qualify as joint financial obligations, especially if shared funds were used to make monthly payments. If the debt is considered to be shared, then it does have to be divided, even though only one of the people was actually attending college.Another thing to look for is if the spouse who was not attending school co-signed on the loan. That gives them equal responsibility for that debt, despite the fact that they are not a student.
Splitting up debts and assets
When going through property division, it is important for couples to consider both assets and debts. When this process gets complicated, it is crucial that they understand exactly what legal steps to take.]]>On Behalf of Tilford Dobbins & Schmidt, PLLC<![CDATA[Does at-will mean an employee cannot be wrongfully terminated?]]>https://www.tilfordlaw.com/?p=487142026-09-03T15:54:49Z2026-09-03T15:54:49ZThere are two general categories for most workers. They are either contractual workers who have signed a specific employment agreement, or they are at-will employees.When an employee is classified as at-will, it means there is no specified end date to that business relationship. The employee is fully within their legal rights to quit at any time. Likewise, their employer can terminate their position at any time. Employees who have contracts often have more protections, such as stating that they need to be fired for specific reasons or that their employment with the company will last for a set amount of months or years.
Wrongful termination is still possible
Because at-will employees can be let go at any time, employers sometimes believe that it is impossible for this to be a wrongful termination. If they abruptly fire a contractual worker but cannot show cause or violate the terms of the contract, that worker may be able to seek legal recourse. But because an at-will employee does not have a contract, this situation cannot occur.However, wrongful termination is still possible when it violates the employee’s rights. For instance, discrimination is illegal based on protected classes like age, religion, gender, race and much more. If an employee is fired because they are in one of these protected classes, it can still be a wrongful termination.Similarly, employees have a right to take certain actions, such as reporting sexual harassment in the workplace. If an employer retaliates by terminating that position, or threatens to fire the worker if they speak up about this misconduct, that can also be a wrongful termination.It is important to understand that wrongful termination can happen even without a dedicated employment contract in place. Those involved in these types of disputes need to know exactly what legal options they have.
]]>On Behalf of Tilford Dobbins & Schmidt, PLLC<![CDATA[What happens when a Kentucky LLC member wants to leave?]]>https://www.tilfordlaw.com/?p=487132026-09-01T05:39:05Z2026-09-01T05:39:05ZWhen another member of your Kentucky limited liability company (LLC) says they want out, the first reaction may be uncertainty. What happens to their share of the business? Does the company have to buy them out? Can they simply resign? The answers often depend on how you structured your LLC and what your operating agreement says.
Check what your operating agreement says
Start with the operating agreement. It may explain how a member can leave, how much notice they must give and whether the company or other members can purchase their interest.It may also spell out how to value that interest and what happens to the departing member’s voting rights. Clear rules like these can make building a business with others easier when ownership changes.
Find out whether the member can resign
Kentucky law treats member-managed and manager-managed LLCs differently. Under the state’s rules for member resignation, a member of a member-managed LLC can generally resign by giving 30 days’ written notice, unless the operating agreement changes that rule.In a manager-managed LLC, resignation generally requires the consent of the other members unless the agreement provides another process. That makes it important to confirm your company’s management structure before anyone takes action.
Understand what happens to their ownership share
Leaving the LLC does not necessarily mean the departing member gives up every financial interest in the business. Kentucky law generally treats a former member as an assignee of the ownership interest after resignation.The rights after an assignment can include receiving distributions connected to that interest, even though the former member may no longer participate in managing the company. Your operating agreement may change some of these default rules.
Determine whether a buyout is required
A resignation does not automatically mean the LLC must write the departing member a check. If your operating agreement includes a buyout provision, it may already tell you how to calculate the member’s interest and when payment should occur. Without that provision, the remaining members may need to negotiate whether the company or another owner will purchase the interest.
Deal with debts and personal guarantees
Ownership is only part of the picture. Review loans, leases and other contracts that involve the departing member personally. For example, if that member guaranteed a company loan, leaving the LLC usually does not erase the guarantee. The lender may have to agree before the member can walk away from that obligation.
Make the ownership change official
Once you know how the departure will work, put the details in writing. Update ownership records, banking authority and the operating agreement when necessary. You may also need to review state filings if the change affects information already on record. Handling these details carefully can help the remaining owners understand who controls the company, who receives future distributions and which obligations still need attention.]]>On Behalf of Tilford Dobbins & Schmidt, PLLC<![CDATA[Can you contest a person chosen as an estate administrator?]]>https://www.tilfordlaw.com/?p=487122026-08-22T23:03:18Z2026-08-22T23:03:18ZWhy would someone challenge an estate administrator?
An administrator occupies a position of trust. In Kentucky probate proceedings, possible grounds for an objection can include:
Legal ineligibility: Kentucky law may restrict who is qualified to serve in certain circumstances, such as issues involving residency, criminal history or priority of appointment.
Conflict of interest: A serious personal or financial conflict may raise questions about whether the administrator can handle estate matters impartially under Kentucky probate standards.
Mismanagement of assets: Selling property improperly, failing to safeguard estate assets or engaging in questionable transactions can justify court scrutiny.
Breach of fiduciary duties: An administrator who uses estate property for personal benefit or fails to comply with court-ordered responsibilities may be subject to challenge or removal.
The strength of an objection usually depends on the facts and on how Kentucky probate law applies to the specific circumstances of the estate.
If you have concerns about a person selected to administer a loved one’s estate, consider discussing the situation with a legal professional. They can help you determine whether a formal challenge is justified and what steps may be necessary to protect your interests in the estate.]]>On Behalf of Tilford Dobbins & Schmidt, PLLC<![CDATA[Sexual jokes could qualify as harassment]]>https://www.tilfordlaw.com/?p=486972026-08-05T14:07:34Z2026-08-05T14:07:34ZInappropriate jokes and comments can often lead to claims of sexual harassment in the workplace. Even if someone often makes these types of jokes in their personal life, making them in a professional context can cause problems.
For instance, an employee may claim that their supervisor made inappropriate comments or jokes in front of the rest of the team, and that they were the brunt of that joke. They feel singled out and harassed because of this treatment.
Was it actually a joke?
One important question to ask is if the initial comments were a joke or not. After all, many people will use “I was just joking” as an excuse, even if the initial comments were serious.For instance, perhaps a supervisor told an employee who was up for a promotion that they would get the promotion if they engaged in a sexual relationship with the supervisor. The employee reported this conduct, and the supervisor claimed that it was just a joke that was taken out of context. They may say that the lower-level employee just does not have a sense of humor or did not get it.But another key thing to keep in mind is that, even if that supervisor was authentically joking, those types of jokes can still cross the line. They can still make people uncomfortable and qualify as sexual harassment. They can also contribute to the development of a hostile workplace if a certain employee finds that they are always being targeted by these types of jokes or comments.
Your rights as an employee
If you are an employee and you believe you are experiencing sexual harassment on the job, it is important to know exactly what rights and legal options you have. You do not have to experience this type of treatment, and there are steps that you can take at this time.
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