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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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As a general rule, if a federal, state, or local law grants employees the right to engage in an activity or to enjoy a benefit, employees should never be disciplined, discharged, or otherwise retaliated against for requesting or attempting to do so.
To list a few key examples, state law prohibits employers from discharging employees for engaging in the following activities:
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 infected with HIV (KY Rev. Stat. Sec. 207.135).
Jury duty/court appearances. Employers may not discipline or discharge employees for receiving or responding to a summons, serving as a juror, attending court for prospective jury service, or appearing as a witness in a court or administrative hearing. Employees who must be absent to appear as a witness must give notice to their employer by presenting a copy of the court or administrative certificate (KY Rev. Stat. Sec. 29A.160 andSec. 337.415).
Military service. No employer may discharge an employee because the employee is a member of the Kentucky National Guard or Kentucky active militia (KY Rev. Stat. Sec. 38.460).
Volunteer emergency workers. It is unlawful for an employer to discharge ...

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Kentucky Termination (with Discharge) Resources

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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.