Kentucky Law Blog

The following scenario is one many employers in this region have encountered at some point. The hiring manager for another company calls seeking information about a former employee you got rid of or outright fired. What can you say in reference to this individual and what legal risk do you face for anything you do say?

In both Kentucky and Ohio, employers can take heart knowing that they have the benefit of the law on their side. Both states have provisions that extend immunity to employers when giving references. Of course, the fact that protection exists is no guarantee against being faced with legal action. Effective resolution is most likely with experienced litigation counsel at your side.

For many Kentucky employees, access to a good workers' compensation policy is a necessary benefit, especially in industries where employees face a significant amount of risk every day. However, in some cases, people may find ways to take advantage of workers' compensation by filing fraudulent claims in order to reap financial benefits. Unfortunately, while seemingly legitimate at the time, fraudulent behavior of this kind is almost always discovered later on and can result in costly consequences including loss of employment, fines and even jail time. 

In a recent case out of California, an LAPD officer is being charged with workers' compensation fraud. In the initial claim made by the officer, he detailed pain that he described resulted from an on-the-job injury. His claims were made under oath, and soon afterward he was awarded compensation. He was also given time away from work to deal with his injury and regain health. Later on, it was discovered that the officer had participated in certain physical activities for an extended period of time that had played a direct role in his initial injury. Soon after, he was arrested and charged with fraud and perjury under oath. If convicted, the officer could face nearly 6 years of jail time. 

When you are working to build your business in Kentucky, chances are you have spent considerable time looking for ways to strategically market your product or service without compromising sensitive business concepts. One of your primary points of focus will be protecting your intellectual property from theft. At Gatlin Voelker, PLLC, we understand the unique risks that companies face as they make strategic moves to keep valuable information confidential.

One of the methods you may consider in protecting your company's intellectual property is to implement a non-compete agreement. According to the HR Daily Advisor, a non-compete agreement is a contract between two parties, usually an employer and an employee. The purpose is to form an agreement that states that your employees will not be able to pursue employment with a competitor immediately after leaving your organization should that time come. Having this type of contract in place can provide you with many valuable benefits including the following:

• Any former employees you may have who played a significant role in your organization's success, may be less prone to use their skillset to benefit competitors.
• Critical, confidential information that is pivotal for your company's success can be protected.
• Your employees may have more incentive to maintain their employment with you rather than pursuing other job alternatives. 
• If employees of your company decide to leave, you have better chances at retaining loyal customers. 

If you are a business owner in Kentucky, you will be well aware that operating a successful company requires dedicated time and industry knowledge. One of the most critical components of your company is the group of people you have hired to facilitate and execute important organizational activities. These people, your employees, must be carefully trained and educated to understand your expectations and overall vision for your company's growth. Caring for your employees is essential to effectively retain top talent and maintain a competitive edge. Worker's compensation is a valuable investment to make, but it does far more than protect and help your employees. In fact, it can be equally as beneficial for you, especially if you are dealing with an accident or injury that occurred on your job site. 

According to Employers.com, many states have requirements in place regarding an employer's inclusion of a worker's compensation policy. If you fail to implement some type of program, you could be left footing the entire bill, out of pocket, if a worker's compensation claim is filed by an injured employee. Coverage types vary depending on your line of work, but premiums are determined by a number of different things including the following:

• The history of any accidents that have occurred in your workplace.
• The total number of employees you have, and the number listed on your payroll.
• The type of business you are running taking into account any unique risks your workers may face.