Many workers in Kentucky believe that at-will employment gives employers the right to fire anyone for any reason. Fortunately, that power is not completely limitless in reality.
If you are an at-will employee, you still have legal safeguards. Understanding this employment concept’s flexibility and limitations is key to protecting your rights.
Defining at-will employment
If you do not have a specific written contract, you are generally an at-will employee. This means your job can end at any time, and neither you nor your employer is locked into a fixed timeline.
As a result, your employer may terminate your employment without advance notice or explanation. You may also resign whenever you choose.
What at-will does not mean
Even if you are an at-will worker, that status is not a license for your employer to break federal law. It is illegal for your boss to fire you based on protected characteristics like race, religion, gender or disability. Additionally, your employer cannot let you go for exercising your legal rights as an employee, such as:
- Filing a workers’ compensation claim
- Reporting workplace safety violations
- Participating in internal harassment investigations
- Taking protected leave
If you believe your employer fired you for one of these reasons, you may have legal protections even if you are an at-will employee.
Other exceptions
In Kentucky, there are important exceptions to at-will employment. Under the state’s public policy exception, an employer cannot fire you for refusing to break the law on their behalf or for performing a statutory duty.
A written employment agreement can also change your at-will status if it limits termination to certain reasons or guarantees your job for a specific period of time. In addition, union agreements protect workers by requiring management to show a just cause before letting an employee go.
Fighting for the justice you deserve
Working in an at-will state does not mean you are without rights. If you suspect your employer fired you for a prohibited reason, you can pursue a wrongful termination claim. A lawyer can help you review your case to determine the best way to move forward.