Workplace protections exist to ensure employees are treated fairly, but these rights come with specific deadlines for taking legal action. In Kentucky, employees must be mindful of statutes of limitations when filing claims related to workplace discrimination, wrongful termination, unpaid wages, and other workplace violations. Missing these deadlines could mean losing the opportunity to seek justice and compensation.

Each type of employment claim has different filing requirements, and knowing the right process can make a significant difference in the outcome of a case. Below, we outline the key deadlines for employment law claims in Kentucky and explain what employees should do if they need to file a complaint.

Your best course of action is always to consult with a KY employment law attorney for guidance with your specific case.

Statutes of Limitations for Employment Claims in Kentucky

The amount of time you have to file a workplace claim depends on the nature of your case. Here’s a breakdown of the different employment law deadlines in Kentucky:

1. Discrimination and Harassment Claims

If you’ve been discriminated against based on race, color, religion, sex, national origin, age, disability, or another protected characteristic, you may file a claim with state or federal agencies.

If either agency finds grounds for a claim, they may investigate or provide a right-to-sue letter, which allows employees to take the matter to court within 90 days of receiving the letter.

2. Wrongful Termination Claims

Kentucky follows an "at-will" employment policy, meaning an employer can terminate an employee for any reason—unless it violates a contract or employment law.

  • Discrimination-Based Termination: Employees must follow the same 180- or 300-day deadlines outlined for discrimination claims.
  • Breach of Employment Contract: If a written or implied contract was violated, the statute of limitations is five years under Kentucky law.

3. Retaliation Claims

It’s illegal for employers to retaliate against employees for reporting discrimination, safety violations, or wage theft.

  • Retaliation Complaints (General): Must be filed within 180 days with the KCHR.
  • OSHA Violations: Employees who report workplace safety violations have between 30 to 180 days to file, depending on the type of violation.

4. Wage and Hour Violations

If you weren’t paid properly for your work, you have the right to file a wage claim under Kentucky or federal law.

  • Kentucky Wage and Hour Act (KWHA): Employees must file within three years of the violation (recently reduced from five years).
  • Fair Labor Standards Act (FLSA): The deadline is two years, or three years for intentional violations.

5. Workers' Compensation Claims

If you’re injured on the job, you must act quickly to secure workers’ compensation benefits.

  • Filing Deadline: Employees must file a claim within two years of the injury or the last medical benefit or lost wage payment.

6. Family and Medical Leave Act (FMLA) Violations

Employees who are denied leave under the FMLA or face retaliation for using it can file claims within:

  • Two years for general violations.
  • Three years if the violation was willful.

Steps to Take If You Need to File a Claim

If you believe your employer violated your rights, here’s what to do next:

1. Gather Supporting Documents

  • Keep records of pay stubs, emails, termination notices, medical records, and any other relevant documentation.

2. File with the Correct Agency

  • Determine whether your claim should go to the EEOC, KCHR, OSHA, or another state or federal agency.
  • Submit your complaint within the required timeframe to preserve your right to legal action.

3. Consult an Employment Attorney

  • Employment law is complex, and an employment law attorney can help you build a strong case.
  • An attorney can represent you in settlement negotiations or take your case to court if necessary.

Call Brandon J. Broderick for Legal Help

Understanding and meeting legal deadlines is important when you have an employment dispute. If you’re dealing with discrimination, wrongful termination, wage disputes, or retaliation, Brandon J. Broderick, Attorney at Law can guide you through the process.

Contact us today for a free consultation.

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