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Kentucky and most other states are what is known as at-will employment states. This means that, generally, employers can hire and fire employees at their discretion and do not need to provide a reason or notice in order to do so.
Layoff due to lack of work is when an employer temporarily or permanently terminates an individual due to lack of available work or funds in the organization. In some cases, a layoff is a temporary situation that can allow individuals to be terminated without being fired.
Termination of the employee violates laws that prohibit discrimination. Federal and state laws prohibit discrimination against employees and job applicants based on race, color, age, national origin, disability, and religion.
You can file a lawsuit in state civil court or a federal complaint if the agency fails to prosecute the case. You can use the employer's dispute resolution services if the agency investigates the complaint. However, the department will file a wrongful termination lawsuit on your behalf if your matter is not settled.
Examples of wrongful termination Due to discrimination. In violation of a federal or state labor law. Because you reported and refused to participate in harassment. Because you reported and refused to conduct an illegal act or safety violation.
While multimillion awards are possible, it is crucial to keep in mind that federal laws limit the amount of punitive and compensatory damages awarded in cases involving wrongful termination. They cannot exceed $50,000 ? $300,000, depending on the number of employees working for the employer's business.
Wrongful termination is what occurs when a company fires a worker for a legally-prohibited reason. Choosing to let someone go because of their gender or sex, their age if they are over 40, their race or their medical issues would be an example of wrongful termination.
Wrongful discharge includes firing an employee in unlawful retaliation for exercising certain legal rights such as filing for workers' compensation; reporting illegal or dangerous conditions in the workplace; reporting or cooperating in investigation or prosecution of matters related to discrimination or harassment; ...