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Can I fire employees for reasons other than poor performance in Kentucky? What are the requirements?
Can I fire employees for reasons other than poor performance in Kentucky?
In Kentucky, employment is generally at-will, which means that an employer can terminate an employee at any time and for any reason, except for reasons that are prohibited by law. However, there are certain exceptions to the at-will doctrine. For example, an employer cannot terminate an employee for discriminatory reasons, such as race, gender, or religion [1.1]. Additionally, any agreement, understanding, or practice, written or oral, implied or expressed, between any labor organization and employer which violates an employee’s rights as set forth in KRS 336.130(3) shall be unlawful and void [1.2].
What are the requirements?
There are no specific requirements for terminating an employee in Kentucky, as long as the termination is not for discriminatory reasons. However, it is recommended that employers document the reasons for the termination and provide the employee with a clear explanation of why they are being terminated [1.1]. It is important to note that violating KRS 336.130(3) can result in civil penalties and even criminal charges [1.6].
Source(s):
- [1.1] Employees may organize, bargain collectively, strike, picket – Protection of employees – Conduct prohibited – Effect of violence or injury to person or property.
- [1.2] Labor agreement in violation of KRS 336.130 is unlawful and void – Exceptions.
- [1.6] Penalties, civil and criminal – Remedies – Damages.
Jurisdiction
Kentucky