I worked for a nursing facility in Kentucky. I was actually a Director there. I was working many hours, and our Administrator forced us to use Comp Time. This was time over 40 hours we weren't paid for. I was working 45+ hours per week, but only being paid for 40. Then 5 months after I work there (there was a 4 month evaluation period) I was fired. The reason being I was sick with an ear infection/fever and had a Dr's excuse for two days of work. I ONLY missed one day. Then, she called me into her office and let me go. Come to find out, I was fired on Thursday, and she moved a man from Corporate office into my position on Monday. It was a total set up. Can she fire me for being sick?? Also my unemplyment may not go through, I got a ';Notice of Determination'; in the mail, talking about Appeal Rights. Can someone tell me if there are certain laws about being fired in KY? I never even had a write up or anything. Also, is Comp Time illegal? Any Advice??Kentucky termination/unemployment legal advice?
As a director it is very likely you were an exempted employee and not eligible for over time. Comp time was a nicety they would not be required to provide.
Find out if you had an exempt position.
Second you must find out if Kentucky is an ';At Will'; state or a ';Just Cause'; stsate. If it is an At Will they can terminate you (or you can quit) at will, when ever and why ever they want. They don't need a reason.
If it is a Just Cause state they must have documented justification for terminating you. You can sue and demand they establish just cause or demand restitution.
You may also have actionable cause under the American Families Act.
Get a labor law attorny and find out what you are up against.
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