Kentucky Employment Lawyers

Worker files disability discrimination lawsuit against Amazon

Kentucky workers who are suffering from an illness or condition that requires various reasonable accommodations so they can do their job should be granted those accommodations without fear of not being hired or losing the job because of their issues. If they are dismissed and it is due solely to the disability or illness, they have the right to file a disability discrimination lawsuit. This is true regardless of the kind of job it is, even if it is against one of the biggest and most powerful companies in existence or a small "mom and pop" store. Having legal advice from the beginning is a critical aspect toward a successful filing.

A former worker at an Amazon call center was dismissed from his job, he claims, because he needed frequent restroom breaks because of his Crohn's disease. He has filed a lawsuit after his dismissal. According to him, the company discriminated because of those necessary breaks. The case says that he was a good worker and did not get the breaks he should have, instead being forced to adhere to the designated times at which workers could use the restroom. The company did not comment, but stated there is no monitoring of restroom breaks.

Legal help is often needed to collect severance in Kentucky

Losing a job in Kentucky can be a difficult situation to face. For many workers, the sting of the job loss can be eased ever-so-slightly by the comfort that they are set to receive a severance package as they depart. However, there are circumstances where it is necessary to negotiate the severance agreement. The sides might not be on the same page when it comes to compensation and other benefits. Understanding what steps to take and the legal underpinnings of a severance agreement is vital to that end.

When some workers are dismissed or laid off, a severance package or some other form of agreement to prevent the former employee from filing a lawsuit against the company is common. The details of the severance agreement might not be completely clear. If the employer makes an offer that the employee does not deem fair, the employee is not obligated to accept it. Negotiation can improve the offer and a law firm that specializes in employment law and severance can ensure that the employee gets the maximum. This is especially important if there is evidence that wrongful termination might be taking place or other issues that could warrant a legal filing have happened and the employer wants to avoid that. The severance package can cover that and compensate the employee.

Disability discrimination, the ADA and reasonable accommodation

Disabled Kentuckians have the right to work just like those who are not disabled. However, even with greater attention paid to worker rights and fairness, disability discrimination continues to be a problem. Workers who are confronted with this type of mistreatment might have a vague notion of what constitutes disability discrimination, but are not completely sure the behavior meets the criteria. They are commonly constrained by a lack of knowledge about how it can be addressed. When this is of concern, having legal assistance is vital.

The Americans with Disabilities Act of 1990 (ADA) provides certain protections and accords reasonable accommodation to disabled workers. When a person is disabled and can do a job, there can be no job discrimination because of the disability. A person will be considered disabled if there is a physical or mental impairment that presents a substantial limitation for major life activities. If the person has a history of being disabled or an employer believes the person is disabled, ADA provides protection even if there is no diagnosed disability. There must be a substantial impairment to be protected the ADA. This is an impairment that hinders or prevents activities related to the senses, the ability to walk, breathe, complete manual tasks, care for oneself, learn or work.

What constitutes sexual harassment on the job?

Amid all the talk in Kentucky and across the nation about sexual harassment and attempts to put a stop to it, people are frequently confused as to what constitutes sexual harassment. There are many misconceptions regarding the inherent behavior. In addition, people who are simply feeling awkward or uncomfortable with the way someone is acting on the job often fail to realize they are being sexually harassed and that steps can be taken to hold them accountable. That includes considering a legal filing for compensation. Knowing the definition of the behavior and when it is considered harassment according to the law is key.

The laws against sexual harassment apply for workplaces that have 15 or more employees. Of course, it includes the obvious behaviors and acts such as there being unwanted and unwelcome sexual advances, requests that the victim perform sexual favors and verbal or physical conduct that is considered sexual. It must also impact the person's employment in an implicit or explicit way, hinder their performance at work and lead to them being intimidated, experiencing hostility or the work environment being deemed offensive.

What should I know about wage and hour claims and overtime?

Kentucky workers have the right to be paid a fair amount that complies with state law for work they have done. With the changes to the law for minimum wage, workers are now earning more than they did in the past. However, questions are frequently asked about overtime, how much they are supposed to receive, and who can receive it. Knowing the law for overtime is critical to getting what they deserve. If there is a dispute over wage and hour claims, having legal help is essential.

In Kentucky, workers are to be paid 1.5 times what they earn hourly in a 40-hour workweek. It is important for workers to note that there is no overtime requirement for workers who work beyond eight hours a day on a holiday or a weekend. In addition, employees are required to receive 1.5 times their regular pay in overtime if they work for seven days in one workweek. Supervisors are not subject to this rule. Others are exempt based on the work they do. That includes those who are salaried professionals; people who work in residential care and provide 24-hour service; restaurant, hotel and motel employees; retail and sales workers; and those who work in administrative jobs.

Working with a disability: Your rights and UK's contributions

Having a disability should not prevent you from the opportunity to earn gainful employment. In many cases, people with disabilities have much to offer an employer, in addition to the desire to add their strengths to a team.

Though discrimination in the workplace does happen, it is illegal according to the Americans with Disabilities Act (ADA). Employers must offer, and maintain, employment for people with disabilities, offering accommodation as necessary.

Women file sexual harassment claim against fellow worker

Despite the recent attention paid to people who have been confronted with sexual harassment in the workplace and steps to put a stop to it, it is an unfortunate reality that the behaviors that constitute sexual harassment continue. For people in Louisville and throughout Kentucky, this can have a negative impact on how they do their job. It might even force them to leave if they are unable to function and nothing is done to put a stop to it by their employer. One avenue to deal with the issue is to contact a law firm that specializes in helping employees with their work-related issues including sexual harassment.

Several women at a nursing home allege that a man who worked with them committed multiple acts of sexual harassment and even assaulted some of them. The women have filed a case seeking compensation for what they say occurred. According to them, the man committed these acts over the last two years. Their civil lawsuit names the man and the facility.

What constitutes illegal disability discrimination?

Disability discrimination occurs when an employer covered by the Americans With Disabilities Act (ADA) treats a person with a disability unfavorably in any aspect of employment. The law requires fair and equal treatment of people with disabilities who are able to perform the work at hand, even if they require certain accommodations in order to do so.

Under the ADA, a person can be considered disabled if:

  • They have a physical or mental condition that substantially limits a major life activity.
  • They have a history of disability, such as having cancer in remission
  • They are perceived to have a non-transitory physical or mental impairment, even if they don't actually have such an impairment
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