Kentucky is an at-will employment state, meaning that employers can terminate employees at any time without providing a reason. It gives companies flexibility in making staffing decisions. However, it can lead to job insecurity among employees.
Such an arrangement can make an employee reluctant to speak out regarding a company’s illegal or unethical behavior because they fear they will be fired.
What does retaliatory behavior look like?
Retaliation are actions that a company might take against an employee engaged in legally protected activities, such as:
- Reporting misconduct
- Filing a complaint of sexual harassment or discrimination
- Notifying authorities of illegal activities
- Participating in an investigation
- Raising concerns about wage and hour violations
A company might retaliate against an employee by firing them, demoting them, reducing their hours or reassigning them to a less desirable shift.
Even in an at-will state, employees have federal legal protections against retaliation, including:
- Title VII of the Civil Rights Act of 1964 protects employees who report discrimination based on race, color, religion, sex or national origin.
- Occupational Safety and Health Act (OSHA) enables employees to report unsafe working conditions without fear of retaliation.
- Americans with Disabilities Act (ADA) prohibits employers from retaliating against employees who request workplace accommodations for their disability.
Kentucky offers whistleblower protections to employees in both the private and public sectors. An employer can’t discharge or discriminate against an employee who files a complaint or testifies about violations of occupational safety or health statutes.
At-will employment allows for lawful terminations. Retaliatory actions cross the legal line. Therefore, it’s crucial that employees understand their rights. They should keep records of any protected activities in which they engaged. If they suspect their employer has retaliated against them, they need to discuss their situation with a legal representative who can help ensure their rights are protected.
