Kentucky Employment Legal Questions

There is no law against "bullying" (whatever that is). Unless it is against a specific civil right. i.e., race, religion, sex etc. So you are at the mercy of the company. Some managers may find it distracting and get mad at the person doing the bullying. Some managers find it a nuisance for people that complain. Consider leaving the job prior to being fired.... Read More

There are 2 typical ways to prove discrimination.  One is if any comments were made relating to your age.   The second is that a younger employee was hired over you who you were at least as qualified as, and hopefully more qualified than.  showing the work force is mostly younger also helps... Read More

If your pay structure was changed to an hourly rate, you must be paid for each hour worked, and receive overtime if you worked more than 40 hours in a week.  You would be entitled to overtime regardless of your job title if they were paying you hourly. While you probably cannot challenge your termination, you could take legal action for false statements to those outside the company.   You should meet with an attorney to further investigate this... Read More

Whether "on call" time must be paid requires a detailed analysis of each situation, and even though you provided a good deal of information, I can't give you a direct answer regarding whether the "on call" time must be paid.  I can, however, give you some general rules. Under the law, employees must be paid for all "time worked."  If the employee is an "exempt" employee (one who is not entitled to overtime compensation), their salary covers all "time worked."  For hourly employees "time worked" can include "on call" time in certain circumstances.  Whether the "on call" time is considered "time worked" generally depends on whether the employee is "engaged to wait" or "waiting to be engaged."  If the employee is on premises, waiting to perform work which may be needed while they are at the work site, they may well be "engaged to wait."  If, however, the employee is allowed to perform personal tasks and go about his personal business until his/her employer calls him/her, the employee is more likely "waiting to be engaged."  Employees who are "engaged to wait" may be entitled to have their time considered "time worked" (and therefore be entitled to overtime compensation) while those who are "waiting to be engaged" are less likely to be entitled to overtime pay during the "on call" period. Though you do not provide sufficient information for me to make any judgment as to whether employees "on call" at the hotel are entitled to overtime, I think the fact the employee is required to stay "on site" so as to be immediately available to assist guests with maintenance problems or other issues may indicate the time spent is time "engaged to wait" and therefore "time worked" for overtime purposes. ... Read More

Probably.  An owner of a business or the management may make whatever business decisions they believe appropriate so long as those decisions do not violate the law.  If an owner or manager decides it is in the best interest of the business to change the "home store" location, he/she is probably permitted to do that.... Read More

Generally, an employer has the right to determine what shift employees will work.  I'm sure other employees have child care or other issues as well, and the employer may believe it is fair to everyone to require folks to work late shifts.  I think it is quite possible your fiance will have to either find someone to handle child care while he is working 2nd shift, or find another job.... Read More

Your unemployment benefits are funded through the payroll taxes that your employer pays. Thus the employer has a legitimate need to limit its exposure to paying benefits because this raises his payroll taxes. Frequently, however, you can collect partial unemployment benefits for partial layoffs when your work week is reduced below a certain number of hours of work. The amount that you can collect, and the threshold level of hours reduction will vary according to state laws. Check with your local employment security office of your state Department of Labor.   Michael Caldwell 404-979-3150 ... Read More