These forms contain a sample motion requesting permission to hire counsel, an order granting the motion, and a complaint alleging failure to pay Workmen's Compensation benefits and wrongful termination.
Kentucky Motion, Order and Complaint - Worker's Compensation - Wrongful Termination
State:
Multi-State
Control #:
US-PI-0251
Format:
Word;
Rich Text
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How to fill out Motion, Order And Complaint - Worker's Compensation - Wrongful Termination?
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FAQ
Employees can sue when their employers fire them for a reason that the state of Kentucky has shown it feels strongly about by putting it clearly in a law, and the court gets to decide if that reason qualifies.
In most Kentucky jobs, employers can let employees go for any reason ? economic downturn, misbehavior, shoddy work, lateness or for no reason at all. This is normally legal and within the employer's discretion under the at-will employment doctrine.
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; ...
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.
Kentucky is an "employee at will" doctrine state. In Kentucky your employer can terminate you at any time, with or without reason, and you can quit at any time, with or without reason (provided there is not a written contract to the contrary).
The retaliatory discharge law does not mean that a worker cannot be fired while pursuing or receiving workers' compensation benefits. Instead, the law means that a worker cannot be terminated because he or she is pursuing or receiving workers' compensation.
18A. 113 Lay-off rules --General. (1)It shall be unlawful to coerce employees who may be or who are subject to lay-off to resign or retire in lieu of lay-off. Dismissals shall comply with statutes relating thereto, and lay-offs shall not be utilized as a method of dismissal.
Many people know that Kentucky is an employment-at-will state, meaning that your employer can fire you for any reason, no reason, a bad reason, even a morally indefensible reason SO LONG AS that reason does not violate the law.