Workplace Violence Prevention Policies and Planning

Employers in Kentucky need policies and plans for addressing the potential for workplace violence. Threats and violence may come from employees, contractors or third parties and employer may be liable to employees (and contractors) for workers’ compensation claims and penalties as well as to third parties to whom they may owe a duty or contractual obligation. OSHA also requires the Employer to provide a safe place to work, free from “known hazards”.

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Non-Compete Agreements

Non-Competes are generally enforceable in Kentucky as long as the contract has sufficient “consideration”. Generally conditioning on the job on execution of the non-compete would be enough consideration but where a non-compete is required after employment has begun without additional consideration like a raise or bonus.

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Recent Kentucky Verdicts

Barber v UPS:

5.3 million was issued 5 million of which was in non economic damage like embarrassment and humiliation. Eight Affrican American UPS workers alleged.

Isaacs v Novelis:

130K back pay 300K non economic ,Plaintiff sustained an injury while allegedly performing and unsafe act, she was fired upon release to return to work and she sued alleging that she was fired because she filed a Workers Compensation claim. Plaintiff prevailed and the jury found that the timing of the termination relative to the workers compensation return was a significant factor.

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