This article is all about wrongful discharge settlements and verdicts in Kentucky. It is very uncommon for good cases to go to court, because they generally settle out of trial.
A lot of these cases incorporate mixed verdicts, meaning they implicated 1, or perhaps a number of claims of wrongful firing attributable to disability, workplace retaliation, sexual orientation, gender expression or gender identity discrimination, whistleblower, pregnancy, constructive discharge, age discrimination, breach of employment contract or gender discrimination.
The table beneath provides an overview of the different types of cases filed and also their particular numbers in KY in 2017.
| State | 2017 Total Charges | % of Total USA Charges | Race | Sex | Natl Origin | Religion | Color | Retaliation All Statutes | TVII Retaliation | Age | Disability | EPA | GINA |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Kentucky | 883 | 1.00% | 328 | 262 | 70 | 40 | 31 | 350 | 278 | 184 | 294 | 5 | 3 |
Source: https://www1.eeoc.gov/eeoc/statistics/enforcement/state_17.cfm
Wrongful discharge and discrimination cases & settlements in Kentucky
$ 358,726
10/15/2004
Steve Putman v Christian County Board of Education
Steve Putman worked for the Board of Education in Christian County, KY.
The district transportation director, David Clagg, sexually harassed him by touching him inappropriately on several occasions. Putman complained about this to the Board, but nothing was done to rectify the situation. In fact, the victim was fired in retaliation for his report of harassment.
Sexual harassment and retaliation for reporting such events violates Title VII. Putman filed a wrongful termination suit, and won $358k. Source
$ 500,000
6/15/2009
EEOC v Ryan’s Family Steakhouse
The EEOC filed a lawsuit against the owner of a Ryan’s Family Restaurant operating in Paducah, Fire Mountain Restaurants LLC.
The lawsuit alleged wide-spread racial discrimination sexual harassment at the establishment. Black and female workers were treated with hostility. Black workers were often terminated because of their race. In fact, even white workers who had black friends were harassed. Female worker had to bear sexual advances, and name calling. When they complained, they were retaliated against and terminated.
The EEOC sued the company on behalf of the victims, and a $500,000 settlement was reached through a consent decree. Source
$ 37,000
2/2/2016
EEOC v Rental Pro
Ronald Johnson was 52 years old when he was discharged by his employer, Rental Pro, an equipment rental company in Somerset. The owner fired Johnson because he wanted “younger and peppier” employees and to bring “young blood” into the company.
This violates the Age Discrimination in Employment Act, and the EEOC filed a lawsuit against the company on Johnson’s behalf.
This wrongful termination case was settled with a consent decree, the victim received $37,000. Source
$ 474,000
1/11/2011
Bruce Gentry v Oldham County Police Department
Bruce Gentry was a National Guardsman in the Kentucky National Guard. The National Guard is a reserve component of the US Army, meaning Gentry could be called in for service if needed.
He applied for a job as a police officer with the Oldham County Police Department. He was hired and given a start date, but the offer was soon rescinded. He was told that his commitment to the National Guard was the reason.
This violates the Uniformed Services Employment and Reemployment Rights Act. He sued the department, and a jury awarded him $600,000. The case was eventually settled for $474,000. Source
$ 625,400
4/16/2018
EEOC v DDZ, Inc.
The law protects not just existing employees from discrimination, but job applicants as well.
In this lawsuit, the EEOC alleged that DDZ Inc, a printing company in Kentucky, failed to hire female job applicant between 2013 and 2015. Such sex discrimination violates Title VII of the Civil Rights Act. Employment decisions cannot be made based purely on sex.
The EEOC also claimed that female workers were subjected to a hostile work environment.
The case was settled with a consent decree, where the victims received $625,000 in total. Source
When looking at this listing of unlawful termination settlements from Kentucky, bear in mind that the bigger amounts are because of punitive compensation, that are brought to dissuade employers from doing the same unlawful conduct. Punitive damages are very infrequent. A large number of cases will settle for anywhere from twenty thousand to just a few hundred thousand dollars.
Our report on unlawful termination verdicts and settlements in KY was created for informational purposes. Although you may feel resemblance to any of these lawsuits, understand that each and every single situation is unique.
The average wrongful discharge settlements in Kentucky
If you think you were wrongfully terminated, it’s understandable that you might want to check the amount of money you are likely to be given for your unlawful dismissal claim. If you reach settlement (or win your trial), the amount you are given is largely based upon the following: emotional distress, benefits lost, job search costs, medical expenses, lost earnings and reason of discharge. Punitive damages may also be granted in rare cases, in the event the company behaved egregiously.
As you can observe from the sample lawsuits mentioned above, presenting a typical settlement for wrongful dismissal claims in KY is actually difficult because each and every claim is different.
The average wrongful termination settlement in Kentucky is between $5,000 – $90,000.
Attorneys can be beneficial in working out a higher settlement.
The majority of court or jury awards are bigger, between $90,000 and $500,000. This is certainly one reason why organizations choose to accept a settlement outside of court.
Filing a wrongful discharge or discrimination claim in Kentucky
If you think you had been discharged for an unlawful reason, below is information on what to do.
First and foremost, you will want to contact a wrongful termination attorney in Kentucky to ascertain whether or not you have got a claim worth pursuing.
Don’t wait, since there may be deadlines for reporting unlawful discharge claims in Kentucky.
Next, you’ll most likely need to submit a timely claim with the EEOC office in Louisville.
Here are some suggestions on filing a wrongful termination lawsuit.
