Employment and Discrimination Litigation

Kentucky is an at-will employment state. In general, this means that an employee may decide to end his or her employment at any time for any reason. Likewise, an employer may decide to terminate the employment of an employee at any time for any reason. However, it is unlawful for an employer to "...fail or refuse to hire, or to discharge any individual, or otherwise to discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment, because of the individual's race, color, religion, national origin, sex, age forty (40) and over, because the person is a qualified individual with a disability, or because the individual is a smoker or nonsmoker, as long as the person complies with any workplace policy concerning smoking." See KRS 344.040 (1). This law also includes a prohibition against discrimination based upon a hostile work environment. It is also unlawful for an employer to terminate or otherwise retaliate against an employee for opposing or reporting discriminatory employer conduct. See KRS 344.280.

Cases involving claims of wrongful termination or discrimination are difficult to prove and extremely hard to litigate. It is extremely rare to an admission of guilt from an employer. As such, it is up to the employee to prove that there are sufficient underlying facts that prove wrongful termination, retaliation or discrimination. The difficulty of proof in these cases, therefore, makes it important to have an experienced professional working on the case. This Firm is committed to providing strong and aggressive assistance to clients who are faced with litigating a wrongful termination or discrimination claim.