Wrongful Termination in Kentucky

Written by Cooper & Friedman PLLC on January 21, 2025

Wrongful termination in Kentucky can be a confusing and frustrating thing to experience. Since Kentucky is an “employee at will” doctrine state, it can be difficult to recognize when a termination is wrongful. Just as you can quit at any time without reason (excluding special contracts), employers can also fire you at will. The Kentucky Supreme Court’s interpretation of the doctrine states:

“An employer can fire an employee for cause, without cause, or even for cause that may seem to be morally indefensible.”

This seems to give employers a lot of power. However, their ability to terminate you may be broad, but it is not limitless. There are provisions in place that protect workers from wrongful termination, which include:

1. Discrimination

Federal law prohibits employers from terminating employees for discriminatory reasons. ‘Discriminatory’ describes the unfair treatment of workers due to certain characteristics that are immutable or inherent to an individual. These protected groups are legally safeguarded against discrimination in the workplace, ensuring fair treatment and equal opportunity for all workers. Groups that are shielded from unfair termination practices include:

Race
Sex
Gender Identity
Color
Disability
Religion
Sexual Identity
Other Immutable Traits
- This category encompasses other protected characteristics that cannot be the basis of employment discrimination, such as age (for employees over 40), marital status, citizenship status, and others. These traits are often considered immutable, meaning they are inherent and cannot be changed.

2. Retaliation

Employers cannot fire an employee in retaliation. This can be because they did something to expose a company, such as report waste, fraud, abuse, sexual harassment, corruption, or dangers to public health and safety (also known as whistleblowing). Or, it can be because they refused to do something illegal, against policy, or outside of their professional responsibilities. All employees have the right to a safe work environment and the right to blow the whistle on illegal actions.

3. Breach of Contract

Some employment contracts may include specific clauses that diverge from the “at-will” principle and establish a binding agreement between the employer and the employee that overrides the typical flexibility of employment termination. If an employee enters a contract agreeing to work a full-time job for a specified period of time, then the employer must honor that contract.

4. Taking Legal Time Off

An employer also may not fire an employee for taking legal time off. This can include:

Taking available paid time off.
Taking time off for reasonable unpaid leave such as voting, jury duty, or military obligations.
Taking medical leave. This can refer to:
- Workers’ compensation cases resulting from injury while working.
- Pregnant workers taking maternity leave under the Family Medical Leave Act.

Have You Been Wrongfully Terminated in Kentucky? Call Cooper and Friedman.

It’s important to note that while Kentucky’s “employee at will” doctrine is broad, employees who feel they were wrongfully terminated have the legal right to pursue legal action. Compensation for lost wages, benefits, or other damages resulting from the termination are common and necessary. For families with medical needs, children, or debt, every paycheck counts. Cooper and Friedman are amongst the top workers’ comp lawyers in Louisville, KY. If you have been wrongfully terminated for one of the reasons above, we want to get you the compensation that you deserve.

If you or someone you love has been wrongfully terminated in the State of Kentucky and are in need of an experienced workers’ compensation attorney, give the lawyers at the Cooper & Friedman law firm a call. The attorneys at Cooper and Friedman PLLC have over 50 years of combined experience defending the rights of workers. Contact us with questions you might have or schedule a free case consultation with an attorney by calling 502-459-7555 today.