Legal Question in Employment Law in Kentucky

can an employer terminate you by having a coworker type and sign your termination letter and have the coworker give it to you , no verbal or written warnings was past my 30 day probation period, and i have a recording of the owner saying he wrote the letter which was computer generated and that he signed it but he did not the signatures do no match and the manager of the store disagreed with everything he says and that this coworker is a trouble maker and always has been also on tape, is this a form of discrimination on the owners part


Asked on 9/08/10, 6:41 pm

1 Answer from Attorneys

Andrea Welker Welker Law Office

Unless you have a contract that states otherwise, employment in Kentucky is at will. That means they can fire you for whatever reason they want (so long as that reason is not illegal, such as discrimination on the basis of race, gender, religion, disability, etc.), and in whatever unprofessional manner they might choose. It doesn't matter who said what and who did what concerning your actual termination; the end result is that the owner of the company said he terminated you, and he has the right to do so.

However, if you were a full time employee and you were not fired for cause, you will likely still be able to collect unemployment benefits. If your former employer is alleging you were fired for cause, and you believe you were fired for no fault of your own (i.e. only because someone didn't like you), then you should appeal if Unemployment denies your claim on the first try. If that happens, check with your local bar association to find out what pro bono services might be available to assist you with that process. Certainly if you believe you had an employment contract that stated you could not be summarily fired without following certain procedures, then take that contract to a local attorney who practices employment law to review to find out if you have a claim.

Finally, as an aside, be cautious about tape-recording conversations. Either you must be a party to the conversation or at least one party to the conversation must give consent for the tape-recording of that conversation to be legal.

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Answered on 9/13/10, 7:13 pm


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