The Clark Law Office represents employees in a variety of employment litigation. If your employer has underpaid your wages, discriminated against you, harassed you, wrongfully discharged you, denied you unemployment compensation, or refused to pay you workers' compensation benefits, call us for help.
Underpayment of Wages--Wage and Hour Disputes
The Clark Law Office represents employees who have been underpaid by their employers. The federal Fair Labor Standards Act and Kentucky state statutes govern wage and hour issues.
The law is generally favorable to employees who have been underpaid. For example, employers can be charged civil penalties from $100 to $1000 for failure to pay their employees in a timely manner. In addition, attorney fees may be awarded.
An employee who quits or is terminated must be paid on the later of the next normal pay period or fourteen (14) days following the separation. The employee must be paid in full for "all wages," including all salary earned through the date of separation, plus accrued or vested vacation pay. Violation of this law can result in the assessment of a penalty against the employer and in favor of the employee.
Providing the Court with proof that the employee has worked the claimed hours or has earned the claimed vacation pay is often the greatest challenge in "wage and hour" cases. If your employer has refused to pay you for work that you can prove you performed, call the Clark Law Office and let us help recover what you are owed.
Employment Discrimination
Employees are protected by a variety of federal and state laws prohibiting discrimination on the basis of race, color, religion, sex, national origin, age and disability. Successful cases require committed plaintiffs who can produce clear proof of discrimination. An employee who successfully challenges an employer's discriminatory practices may recover compensatory damages, punitive damages, back pay and attorney fees.
Employment Harassment
Employees are protected from harassment that is sexual, racial, or religious in nature, and also from harassment that is based on gender, national origin, age, or disability. Success in harassment cases usually depends upon the quality of the proof. A variety of damages are available to the employee who successfully challenges an employer's harassment.
Wrongful Discharge
Employment in Kentucky is generally "at-will," meaning both the employer and employee have the freedom and the power to terminate the employment relationship. There are, however, exceptions to the rule. If there is an employment contract between the employer and the employee, the terms of that contract will control the employment relationship, provided the terms are lawful. Furthermore, an employee may bring a wrongful discharge action under certain circumstances.
An employee who is fired for refusing to violate a law in the course of employment or for exercising a right conferred by well-established legislative enactment may bring a wrongful discharge action. For example, an employee may sue for workers' compensation retaliation, gender based wage discrimination, violation of wage and hour laws, discharge for filing an OSHA action, violation of the Equal Opportunities Act, whistleblowing, discharge for union activity, discharge for reporting Medicaid fraud, nursing home complaints, and patient safety complaints. For the employee who can prove his or her case, compensatory and punitive damages may be available.
Unemployment Compensation
Employees who have been terminated may contact the Kentucky Office of Employment and Training to determine if they are eligible for unemployment compensation. The Kentucky Office of Employment and Training has numerous locations throughout the state, or you can apply for unemployment benefits by phone or through the Internet. When provided with the necessary information, the Office can quickly identify who is eligible for benefits.
Most employees who apply for unemployment benefits do not need an attorney, but an attorney is often necessary if the employer challenges an award of benefits to an employee. When that happens, benefits are often denied, and the employee frequently has to appeal the denial of benefits. Fortunately, these appeals tend to proceed quickly, and the law is more favorable to employees in this area than in others. If your employer has denied your employment benefits, the Clark Law Office will make every effort to get you the benefits that you deserve.
Workers' Compensation
Please see our webpage devoted to workers' compensation. http://www.clarklaw.biz/Practice-Areas/Workers-Compensation.shtml
