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Sullivan Mountjoy, PSC

SM Legal

Employment Law And Litigation

Employment Law And Litigation

The best way to prevent legal issues with employees is to spot them before they start. Running a business is a big responsibility and creating a great place to work is part of that challenge. We help our clients make sure that they are doing all that can be done to develop effective policies and procedures, stay compliant with state and federal employment laws, and address potential problems before they become serious.

In the unfortunate case that a situation arises that results in litigation, we can defend you in both state and federal court. We offer advice based upon years of experience defending companies of all sizes in numerous types of employment litigation. We can also suggest policies and procedures that will prevent similar trouble in the future.

We believe that when it comes to legal issues, you need to understand all your options so that you can make an informed decision based on the law applicable to your situation. We strive to provide you with the right information so that you can make the best decisions for your employees that are consistent with both the law and your business objectives. Our goal is to be creative problem-solvers for you and tell you what is possible, not what is impossible.

Because of the variety of legal services our firm provides, we can draw upon the experience of many of our attorneys to review your employment issue from all angles. We stay focused on your business and help you find the right solution for your employment problem. Or better yet, help stop an employee problem from occurring in the first place.

Services Offered

Employment Litigation and Disputes

Charges of Discrimination

  • Defending Charges of Discrimination before the EEOC and Ky. Commission on Human Rights

Employment Policies

Compliance

  • ADA
  • FMLA
  • OSHA
  • FLSA
  • Civil Rights Act (race, gender, etc.)

Training

  • Employment Practices including Sexual Harassment Training
  • Performance Reviews
  • Effective Communications
  • Disciplinary Action and Discharge Procedures
  • Responding to Discrimination Charges

Frequently Asked Questions

What are the key components of the Fair Labor Standards Act (FLSA)?
The main provisions of the FLSA require all employers to pay the applicable minimum wage and overtime to all employees, unless the employees are exempt from these requirements. Employers must be very careful to confirm that they are correctly classifying employees as exempt from minimum wage and overtime requirements because if they are not correct, they can face sizable liabilities for unpaid wages, attorney fees, and other damages.
What should an employer include in an employee handbook?
An employer should include information to notify employees of the benefits provided to them, the rules of conduct and attendance that apply to them, and the expectations that the employer has for them. There are also other policies, such as anti-harassment and anti-discrimination policies, that may assist the employer in avoiding liability for harassment and discrimination claims. Sullivan Mountjoy, PSC assists employers with revising and updating their employee handbooks to ensure they are up to date and comply with recent changes or additions to the law.
Spoiler title
At-will employment means that the employee can be let go at any time as long as the reason is not based on illegal discrimination or other illegal grounds. The at-will employee can also quit at any time. An employment relationship that is contractually based, however, is governed by the terms of the contract and the applicable laws. The contract may dictate the employee can only be fired for cause. Some employees may claim that the employee handbook creates a contract between the employer and employee. However, an employee handbook that includes the correct language and disclaimers can assist in defeating such a claim.
What should an employer do when the employer received a Complaint or Charge of Discrimination?
In Kentucky, there is both a federal agency (the Equal Employment Opportunity Commission or Department of Labor) and a state agency (the Kentucky Commission on Human Rights) that handle complaints of illegal discrimination based on sex, gender, race, national origin, age, disability, and other protected classes. An employee or former employee can file a complaint or charge of discrimination with either the state or federal agency, who will then send the employer notice of the charge and require the employer to respond to the charge. The government agency will then investigate the charge to determine whether there is probable cause that the employer violated the law. It is very important for the employer to submit a thorough and well drafted response in support of its position. Sullivan Mountjoy, PSC stands ready to assist employers in responding to and defending against these charges.

Our Team

Representative Clients

  • Toyotetsu America, Inc.
  • Toyotetsu Mid America, LLC
  • Audubon Area Community Services, Inc.
  • Owensboro Daviess County Regional Airport
  • Owensboro Riverport Authority
  • Redbanks Nursing Facility
  • Henderson County Health Care Corporation
  • Yellow Ambulance Service