Wrongful Discharge

An area of law that seems to be generating a great deal of interest recently is employee rights. More specifically, their rights if fired and more importantly, their right to not be fired.

There is long standing legal authority for the position that employers have total discretion to fire an employee. This doctrine is called the Employment at Will Doctrine. The only exception has been that an employee cannot be terminated or demoted because of some constitutionally protected reason such as their sex, race, religion or national origin. Of course, this doctrine is a double edged sword since it also protects an employees right to quit the job anytime they choose.

Some states have started to terminate or carve out exceptions to this harsh rule. Unfortunately, Kentucky is not one of the leaders in this movement and still adheres to this doctrine for the most part.

Up to this point it is assumed that there is not an employment contract. If you have a written employment contract then the terms of that document control all issues of your employment including your employer’s right to fire you or your right to quit. Also, a lot of people do not realize that a union contract operates as a form of employment contract between the employer and all its’ employees.

Earlier, I stated that Kentucky still adheres to the employment at will doctrine for the most part. There have been recent court rulings which have started eroding the doctrine a little. One such ruling held that an employee can’t be fired for exercising a statutory right. For example, an injured employee cannot be fired because they filed a workmans compensation claim. There are whistle blower statutes which protect public employees from being fired because they report a criminal act or a violation of some statute or regulation.

This area of law is changing rapidly. If you have been terminated or demoted under circumstances which you feel are not fair then you should consult your attorney as quickly as possible. There will likely be many changes in this field of law in the near future.

Reach Roger Oliver by e-mail at rmo@oliverlawoffices.com