Employment law for Kentucky and Ohio employees

Workplace discrimination occurs when an employer treats an employee unfairly based on protected characteristics such as race, gender, age, disability, religion, or sexual orientation.

In many cases, yes. Most employment in the United States is “at-will,” meaning employers can terminate employees for any reason or no reason at all, as long as it’s not illegal discrimination or retaliation. Kentucky and Ohio are both “at-will” employment states. 

If you’re experiencing harassment, you should report it to your employer’s HR department or another designated authority according to your company’s policies. You should always report in writing. It is very important that you specifically mention that you are suffering (age, race, gender, religion, national origin, sexual orientation, disability, or other protected class) discrimination when you make the written complaint. The more details you provide the better.

If the harassment continues or is not adequately addressed, you may consider filing a complaint with the Equal Employment Opportunity Commission (EEOC),  Kentucky Commission on Human Rights, or Ohio Civil Rights Commission. However, before you file a complaint with an external agency you should discuss this with an experienced employment attorney. Filing an external complaint has pros and cons. 

First, talk to your employer and inquire about the discrepancy. If your employer refuses to pay you for overtime work you’ve performed, you can file a wage claim with the Department of Labor’s Wage and Hour Division or consult with an employment attorney for legal advice. Not all employees are entitled overtime and you should consult and attorney to see your options. 

A hostile work environment is one where harassment or discriminatory behavior is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

This behavior MUST be based on protected characteristics such as race, gender, age, disability, religion, sexual orientation, or nationality. Unfortunately, in Kentucky and Ohio your boss can be rude. But they can not treated you differently or in a hostile or abusive manner because of a protected class.

A hostile work environment can manifest through various forms of misconduct, including verbal abuse, offensive jokes or comments, unwelcome physical contact, threats, intimidation, or sabotage. It is important to note that isolated incidents or occasional rudeness typically do not constitute a hostile work environment. Instead, the behavior must be severe or pervasive enough to create a work environment that a reasonable person would find hostile, intimidating, or abusive.

Employers have a legal obligation to maintain a workplace free from harassment and discrimination, and they can be held liable for failing to address hostile work environment situations adequately. Employees who experience a hostile work environment may have legal recourse, including filing complaints with HR, seeking assistance from regulatory agencies such as the Equal Employment Opportunity Commission (EEOC), or pursuing legal action against their employer.

Kentucky and Ohio employers generally have the right to monitor employee communications and activities on company-owned devices or networks. 

In most cases, yes. Employers have the right to modify work schedules as needed.

Wrongful termination occurs when an employer fires an employee for illegal reasons, such as discrimination, retaliation, or in violation of employment contracts or public policy. Employees have the right to pursue legal action if they believe they have been wrongfully terminated.

In some cases, yes. Employees may be able to sue their employers for intentional infliction of emotional distress or other forms of emotional harm caused by workplace misconduct, such as harassment or discrimination.

While you are not required to have an employment attorney to address a hostile work environment or workplace issues, seeking legal advice can be immensely helpful in understanding your rights and options. An experienced employment attorney can provide valuable guidance on how to navigate the situation, assess the strength of your case, and help you determine the best course of action. They can also advocate on your behalf, negotiate with your employer, or represent you in legal proceedings if necessary. While you may choose to handle the situation on your own initially, consulting with an attorney can provide clarity and support as you work towards resolving the issue.