Kentucky Termination (with Discharge): What you need to know

Kentucky is an “employment-at-will” state. Therefore, an employer may generally terminate an employment relationship at any time and for any reason. However, while this is true in theory, Kentucky statutes and courts have changed the traditional doctrine to some degree.
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Burden of proof. If the employer is charged with retaliatory discharge, the employer is innocent until proven guilty. While this rule affords some protection to the employer, circumstantial evidence, such as a string of good evaluations followed by a sudden turnaround, can be devastating. As a result, if you terminate an employee who has filed a safety complaint, a discrimination claim, etc., it is essential to be able to show conclusively, with both testimony and documentation, that the “protected” conduct was in no way related to the discharge.
Discrimination. Kentucky employers cannot discipline or discharge an employee on the basis of race, color, religion, national origin, sex, age (40 years and older), disability, smoker or nonsmoker status, or for complaining about a violation of antidiscrimination laws (KY Rev. Stat. Sec. 344.040).
Although the antidiscrimination laws are aimed mainly at intentional conduct, there may also be a risk of liability even when there is no intent on the part of the employer to discriminate—as, for example, when a layoff has a “disparate impact” on some protected group.
HIV testing. No employer may require an employee to take an HIV test, unless it can prove that the absence of HIV is a bona fide occupational qualification for the job in question. Additionally, employees cannot be discharged because they are licensed healthcare professionals who treat and provide patient care to people ...

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Kentucky Termination (with Discharge) Resources

Termination (with Discharge) Products

The Termination Process Webinar Recording
BLR Webinar: "The Termination Process: Exit Interviews, Termination Pay, and Post-Termination Steps to Keep You Out of Court""
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Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
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This special report will discuss how you can ensure your records are in good order, and establish a record-retention policy.

Topics covered:
1. Hiring Records
2. Employment Relationships
3. Termination Records
4. Litigation Issues
5. Electronic Information Issues
6. Tips for Better Recordkeeping
7. A List of Legal Requirements

Make sure you have the information you need to know to keep your records in order.