Human Resource Blog

Kentucky Employment at Will

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What is “employment at will” in Kentucky?

The state of Kentucky, as well as some most states in the U.S., subscribes to the “employment at will” concept in regards to the employer/employee relationship. The concept is really a very simple one. Employers can fire employees at any time, for any or no reason. Workers have the right to quit their jobs at any time, for any or no reason. The only exception to this rule is if there is an employment contract in place, including union contracts.

In America, there are 38 states that hold that verbal promises of a worker’s continued employment would automatically nullify the employment at will policy. In other words, if a manager told a worker “You have a job here for life,” that statement would overrule any employment at will policy.

The majority of states have imposed limits on employment at will. Eleven states do not follow the employment at will policy at all. These states are Wyoming, Utah, Nevada, Montana, Massachusetts, Idaho, Delaware, California, Arizona, Alaska, and Alabama. What these states prefer to do is follow the “covenant of good faith and fair dealing.”

Under federal law, employment at will cannot be used to discriminate against certain workers. Employers cannot fire an employee because of that person’s sex, race, national origin, color, or religion. Workers who are over the age of 40 cannot be fired because of their age, and in lots of cases, disabled persons cannot be terminated because of their handicap.

It is not uncommon for employers to use the employment at will policy so that they can fire problem employees.

Most employee handbooks spell out their policy regarding employment at will, and generally ask employees to sign a document that says the policy is understood.

Though workers can refuse to sign such documents, employers do have the right not to hire someone for refusing to sign the employment at will policy. JH