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Author Archives: Todd McMurtry

New Mediation Rules May Revamp Civil Litigation in Kentucky

Author By Todd McMurtryPosted on

Mediation, a quicker and more cost-effective alternative to litigation, has long been a voluntary option for parties in civil disputes. Now, the Kentucky Supreme Court has adopted rule changes that make court-ordered mediation commonplace in the litigation process. As a result, more lawsuits are likely to be resolved by this method.

The new rules, which took effect on Feb. 1, 2022, give courts the authority to refer all or part of a civil case to mediation and to appoint a mediator — a neutral third party who helps settle some or all of the contested issues. The mediation will remain fully independent of, and outside of, the court proceeding but the court has the discretion to enforce its order to mediate.

In deciding whether to order mediation, the court is required to consider these factors:

  • The stage of the litigation, including whether discovery has been conducted
  • The nature of the issues to be resolved
  • The value to the parties of confidentiality, rapid resolution or maintenance of ongoing relationships
  • The willingness of the parties to mutually resolve their dispute
  • Other attempts at dispute resolution that may have been made
  • The ability of the parties to participate in the mediation process, including virtual mediation
  • The cost to the parties

Mediation will not be ordered in any case where a court determines that one party may pose a risk of harm to others.

Once mediation is ordered, the litigants have 15 days to agree on a mediator and if they don’t, the court can select one. A mediator must be a Kentucky lawyer and comply with a code of conduct that, among other things, requires them to remain competent in mediation skills. Payment of the mediator’s fees is typically shared among the parties. The attorneys for the parties schedule a mediation conference. The mediator confers with the attorneys (and any unrepresented parties) to work out procedures for the conference and may require them to submit confidential statements of the case in advance. The parties’ representatives at the conference must have full authority to negotiate a settlement.

Although mediation is a separate process, the court must be kept advised of its progress. The parties are required to submit a joint statement to the court enumerating the issues that have been resolved and those that remain for trial. The parties may also identify any matters that, if resolved or completed, would facilitate a settlement. The court in its discretion may encourage the parties to continue discussions, with the goal of avoiding or limiting a trial.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

Should You Acquire a Business by Stock Purchase or Asset Purchase?

Author By Todd McMurtryPosted on

In the small business arena, companies are usually bought and sold in one of two ways: by stock purchase or by asset purchase. In a stock purchase, the buyer assumes ownership of the target company, acquiring all its property and taking on its debts and liabilities. In an asset purchase, only specified property is transferred and the target company continues to exist. Each method has advantages and disadvantages for both the buyer and the seller. If you’re planning to buy an existing business, your choice of method will depend on the purpose of the acquisition, the financial health of the acquired business and other relevant circumstances.

Stock Purchase

The foremost advantage of a stock purchase is that it promotes continuity of the acquired business. This method makes sense when the business is running well and there are valuable intangible assets like a trade name and goodwill that you want to preserve. All of the existing customer contracts, vendor agreements, debt obligations and employment agreements can likely continue without interruption.

However, stock purchases have inherent risks, since the buyer takes on all of the target company’s actual and potential liabilities. The buyer is responsible for paying off any outstanding loans, including mortgages and finance agreements. If, after the closing of the stock sale, the company is sued over something that happened previously, the new owners must defend against the suit and may have to pay damages and other costs. It is up to the prospective buyer to conduct a thorough examination of the target company’s books and operations. This is called “due diligence” and it takes significant time, money and effort.

Asset Purchase

An asset purchase can be of greater benefit for a buyer that only wishes to take over selected property without concern for keeping up the target company’s operations. It is also less risky. The purchaser takes over only the debts and obligations that are associated with specific assets purchased or that are voluntarily assumed, such as leases or contracts. This can greatly lessen the buyer’s need for due diligence and reduce its costs. There is also a tax advantage. The buyer acquires the assets on a cost basis and can immediately begin taking depreciation deductions, thereby lowering income tax.

One disadvantage of an asset purchase is that not all assets of the target company can be easily transferred. Even if customer and vendor lists are made part of the sale, contracts with vendors and customers may have to be revised or even renegotiated entirely.

Before purchasing a business, you should seek the advice of a qualified acquisitions attorney for help in deciding which method is right for your situation.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

How to Survive a Business Divorce

Author By Todd McMurtryPosted on

Nobody enters into a commercial venture anticipating that the enterprise will fail. Nevertheless, small and start-up businesses are particularly susceptible to dissolution or drastic changes in ownership. Relationships sour, peoples’ priorities change, someone gets sick or dies or the business suffers poor profitability or takes a different course than originally planned. There are innumerable factors that can lead to a dissolution or ownership change that is commonly known as a “business divorce.”

Like a dissolution of marriage, a business divorce can get messy and contentious. Company owners almost always have emotional attachments to a business that they manage hands on and may have founded. In addition, it’s common for small business owners to hold equal or nearly equal shares, making it difficult to agree on an exit strategy for any one of them. Every small business owner should be prepared to handle a potential breakup in a way that won’t disrupt or jeopardize the business.

Most importantly, you should have a breakup contingency plan in place. A comprehensive partnership or shareholder agreement should include a process for the orderly withdrawal or buyout of one or more of the owners. Written agreements can set out procedures to be followed and a method of determining suitable compensation. A competent business lawyer can help with negotiating and drafting an agreement appropriate for your organization.

Another element of an effective business divorce strategy is to be reasonable and level-headed. Just like marital divorces, business breakups can get very emotional, which can easily derail discussions and cause unnecessary harm to everyone involved and to the business itself. Infighting among owners can cause disputes to end up in court, which often leads to tremendous waste of valuable time and money.

Communication among the owners is also critical. A qualified business and commercial mediator can be of great assistance, getting the owners past the impulse to blame each other and to focus instead on the essential issues at stake — such as coming to a fair agreement concerning the firm’s assets and  liabilities. A mediator can be instrumental in keeping discussions on track toward a productive outcome.

Finally, the parties should decide what their priorities are moving forward. If the divorce is resolved fairly, there is a better chance that nobody will be unnecessarily harmed. For the departing business owners, it is advantageous to wind up the existing affairs so that he or she can concentrate on another venture. For those remaining, making sure the departing owner is well compensated, although expensive, is a way to avoid creating a disgruntled competitor. All involved should stay focused on achieving their long-term goals.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

How One Business Can Sue Another for Defamation

Author By Todd McMurtryPosted on

Businesses can live and die by their reputations. A commercial enterprise can spend decades building a reputation as a trustworthy provider of quality goods or services. Although robust competition is a fundamental aspect of doing business, some people will resort to illegitimate tactics against a rival, such as spreading falsehoods that can greatly harm a company’s standing among customers, suppliers and vendors and lead to severe financial losses. This is called business defamation. Just like an individual, a business can take legal action if its reputation has been hurt by false statements.

If certain requirements are met, a business that claims to be a victim of defamation can sue the offender and collect damages for loss of reputation. The risk of a lawsuit serves as a deterrent to making false statements. However, there are still people who ignore the risk and defame otherwise innocent companies.

Business defamation cases have stringent requirements and complex legal hurdles. In most jurisdictions, the elements of a lawsuit include:

  • Demonstrably false statements — The falsehoods must be provably inaccurate statements of fact rather than opinions.
  • Intent — Depending on the jurisdiction, the speaker or publisher of the statements must have known or reasonably should have known that they were false.
  • Actual harm — The victim must have suffered actual economic damages that can be quantified.

Business defamation cases are difficult to win. The legal burden of proof is heavy because of the need to show knowledge of falsity, which is a higher standard than simple negligence. Also, to make a claim, the victim must identify the person who made the false statements or caused them to be published. This can be challenging, as people can post statements on the internet anonymously or use fake identities. In addition, proving damages gets complicated. The concept of reputation is inherently subjective and putting a monetary figure on damages is not an exact science.

Business defamation is just one of several ways of seeking redress for business injuries. Many jurisdictions recognize causes of action for tortious interference, unfair trade practices and fraudulent misrepresentation, among others. The elements and requirements for these cases vary. A highly qualified business litigation attorney can advise your company about the legal remedies available in your situation.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

Can Your Employer Mandate That You be Vaccinated Against COVID-19?

Author By Todd McMurtryPosted on

As the Delta variant of COVID-19 continues to rampage across the state and the country, an increasing number of Kentucky businesses are requiring their employees to get vaccinated as a condition of returning to a physical workplace. Understandably, many employees have questioned whether companies have the legal right to impose this mandate.

The short answer is that employers requiring vaccines are within their legal rights. The U.S. Equal Employment Opportunity Commission has stated that federal laws do not prevent an employer from mandating all employees physically entering the workplace to be vaccinated for COVID-19. If an employee refuses to get vaccinated and is fired for that reason, state and federal employment law offers little recourse for the employee.

There are, however, circumstances in which employers may be required to make exceptions to their vaccine mandates. Federal laws, notably Title VII and the Americans with Disabilities Act (ADA), require employers to provide reasonable accommodations for employees who do not get the COVID-19 vaccine because of a disability or a religious belief. Similarly, Kentucky state law now bars employers from requiring vaccines for people who object based on a “conscientiously-held religious belief” or a written statement from a doctor that the vaccine would jeopardize the employee’s health.

It is an open question whether an employer must accommodate an employee who refuses to get vaccinated on nonreligious grounds. One of the few rulings on this issue so far came in a federal court case in Houston, where a hospital fired 150 workers for refusing to get vaccinated. The workers alleged the hospital was violating medical ethics by making employees guinea pigs for “experimental and dangerous” vaccines. On June 12, the federal judge dismissed the suit, Bridges v. Houston Methodist Hospital, finding that the employees “were not participants in a human trial” and that the hospital was “trying to do their business of saving lives without giving them the COVID-19 virus.”

In early August, Kentucky’s major hospitals, medical groups and nursing homes announced that they would all require their medical workers to get vaccinated. The announcement was accompanied by a strong statement of support from Gov. Andy Beshear. The health care providers implored other businesses to institute vaccine requirements as well, pointing out that many facilities are again filling up with COVID patients and running out of space. Major companies are in fact requiring their employees to get the vaccine in order to return to physical workplaces.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

What are Your Legal Remedies When Someone Defames You on Facebook?

Author By Todd McMurtryPosted on

Facebook, a social media platform that its founders said would unite the world, unfortunately provides a forum for spreading misinformation and smearing reputations. If you believe you have been defamed on Facebook, there are things you can do to fight back.

A statement about a person or entity is defamatory if it is false, is communicated to a third party and causes injury. Defamation can be in the form of slander (spoken words) or libel (written communication). Both are possible on Facebook.

It is generally not possible to hold Facebook itself liable for defamatory posts by users. The Communications Decency Act gives Facebook and other social media platforms immunity from liability for users’ statements online. However, there are some narrow exceptions. For example, Facebook could be sued if it promises to remove content and then fails to do so.

In most cases, you must focus on the Facebook user who posted the material. The first thing you should do is take screenshots of the offending material and copy the URL of the Facebook user’s profile page,, saving this as evidence in case you need it in the future. Then, use Facebook’s tools to report the defamatory material. Facebook will review the material to see if it violates their Community Guidelines. If Facebook deletes the content, then you should consider that a victory. If, however, Facebook decides the content does not violate its terms, then you may wish to pursue legal options.

Legal action may not be productive in the case of an isolated incident of defamation but can be effective if the libel or slander is ongoing. Making a claim of online defamation can be complex. It requires a litigation attorney with technical savvy to identify the defamer and to get the content removed. A lawyer can do two things to help you combat defamation on Facebook:

  • Send a demand letter to the posting Facebook user, explaining the problems with the content and requesting removal. This letter, also known as a takedown request, can warn the user that you intend to file a lawsuit if they refuse to do so.
  • File a lawsuit. To prevail, you must prove that the content was false and that you have suffered actual injury, which can be difficult. A lawsuit is a big commitment financially and you’ll want to discuss the likelihood of success with your lawyer before going ahead.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

How Can an Anti-SLAPP Statute Affect a Defamation Claim?

Author By Todd McMurtryPosted on

Wealthy companies and individuals rarely welcome news reporting and other commentary critical of the way they go about their business. In fact, they will sometimes go to great lengths to silence their critics and opponents. One of the ways they do this is by filing a strategic lawsuit against public participation — or SLAPP suit — against the critic. The person or entity bringing a SLAPP suit typically alleges defamation but often doesn’t care about having the court rule on the merits of the claim. Rather, the plaintiff uses its deep pockets to draw the speakers into litigation and to drain their resources.

In attempts to counteract the chilling effect of SLAPP suits on speech, anti-SLAPP laws have been enacted. Today, 30 states and the District of Columbia have such laws, which prohibit people from using litigation to intimidate writers, speakers and others from expressing themselves freely. The scope of these statutes varies greatly state to state. Some laws protect defendant-speakers only when they have publicly spoken out against the government. Others are broader, shielding speech connected to any matter of public interest.

Most frequently, anti-SLAPP laws are used by journalists and news organizations to protect themselves from meritless lawsuits filed by entities or people who were the subjects of investigative stories. When a speaker or writer is sued for defamation, he or she can file a motion seeking to have the case dismissed. If the defendant prevails, the plaintiff is required to pay their legal fees.

Kentucky does not have an anti-SLAPP law but a group of Kentucky lawmakers are currently pushing for passage of one. A pending bill introduced by Rep. Nima Kulkarni, a Democrat, received a hearing in early August and appears to have some level of bipartisan support. The measure could be considered at the next legislative session, which starts in January 2022. Until the bill becomes law, Kentucky defamation litigation will continue to be governed by common law, which requires proof of the falsity of the speech at issue as well as the speaker’s carelessness in failing to check its veracity.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

Do CGL Insurance Policies Cover Copyright Infringement Claims?

Author By Todd McMurtryPosted on

In the digital age, intellectual property holders have become increasingly aggressive in litigating against anyone believed to have unlawfully used copyrighted material. If you are engaged in any activities that could possibly be viewed as infringement, you need to be sure that your commercial general liability insurance policy provides adequate coverage. That, in turn, depends on the language of your specific CGL policy.

The issue of whether CGL policies should cover intellectual property claims has evolved greatly over the past few decades. Copyright infringement had long been considered an “advertising injury” and insurance companies were required to cover policyholders who were accused of stealing ideas or infringing copyrights in their advertising. That started changing when internet communication became the norm, overtaking print media. The internet made it easier for one party to find and use someone else’s material, so the number of infringement claims skyrocketed, resulting in higher defense costs and claim payouts for insurance companies. In response, insurers began changing their CGL policy language to exclude or limit coverage for copyright claims.

Today, many CGL policies still contain language saying that the policyholder is covered for advertising injuries, including copyright infringement. However, the circumstances under which these policy provisions apply have been narrowed significantly. Generally, CGL policies will require the insurer to cover the policyholder in copyright litigation only if all three of the following are true:

  • The plaintiff alleges an advertising injury that is specifically enumerated in the policy
  • The advertising activity caused injury to the plaintiff
  • The policyholder was engaged in advertising when the alleged injury occurred

These three parts of an infringement claim depend entirely on the facts of the specific case, which makes it very difficult to definitively conclude in advance that the CGL policy language is sufficient. Because CGL coverage for intellectual property infringement has been steadily eroded over time, your business may want to consider purchasing IP insurance that is designed specifically to cover you if you are accused of infringing on someone else’s copyright.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

How Independent Contractors Can Secure and Protect Copyright Interests in Works Made for Hire

Author By Todd McMurtryPosted on

In general, the creator of a work — whether it is musical, verbal, visual, digital or another form — is entitled to the copyright. However, federal law makes exceptions for “works made for hire.” These are works created by employees during the course of their employment or by independent contractors. In those cases, the employer or the person or company commissioning the work may be the copyright owner. However, independent contractors may retain their ownership if certain conditions are met.

While an employer automatically owns the copyright of work created by an employee, an independent contractor generally retains ownership unless their work falls into one of nine categories that the Copyright Act considers made for hire: a contribution to a collective work, a part of a motion picture or audiovisual work, a translation, a supplementary work, a compilation, an instructional text, an atlas, a test or answer material for a test.

If the agreement or contract commissioning the work is silent on copyright of works not within those nine categories, the independent contractor generally retains ownership. But some agreements contain ambiguous language that could suggest the parties’ intent to consider the works made for hire. If this intent is unclear from the agreement or the surrounding circumstances, a court deciding a dispute over copyright ownership or infringement will consider a number of factors, including:

  • Who controlled the means by which the work was created
  • Which party provided the tools necessary to produce the work
  • Where the work was performed (i.e., at the hiring party’s workplace or the creator’s premises)
  • Whether the hiring party withheld taxes or provided employee benefits
  • Which party controlled the hours worked by the work’s creator
  • Whether the creator of the work was paid hourly or per project

The more that these factors suggest a relationship closer to employment than to independent contracting, the more likely that made-for-hire status will be found.

For these reasons, it is imperative that independent contractors thoroughly review any agreement or other commissioning document before signing it and commencing work. A contract or rider may contain a provision by which the contractor acknowledges the hiring party to be the copyright owner or agrees to assign the copyright ownership to the hiring party. Rather than give up the rights to the work entirely, an independent contractor may be able to negotiate an agreement in which they grant a license to the commissioner for limited use of the work. This arrangement allows the creator of the work to retain the valuable ownership rights, which can be licensed in the future to other parties in exchange for royalties.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

Can an At-Will Employee Be Fired for Engaging in a Political Protest?

Author By Todd McMurtryPosted on

Most people have strong opinions regarding politics — and sometimes the topic can be difficult to avoid in the workplace. If you express your views at your job or by participating in a political protest, you may be wondering if you can be legally terminated by your employer in retaliation.

Although the First Amendment provides federal and state employees with protection from retaliation for political speech and activities, it does not apply to employees of private organizations. In other words, if you engage in political protests and are then terminated from a job in the private sector, you have limited legal recourse.

Kentucky is an at-will employment state, which means that an employee can generally be fired at any time and for any reason or for no reason at all. Nevertheless, you cannot be terminated if the employer’s action would violate state or federal employment laws, such as those prohibiting discrimination based on race, gender, religion, disability, age or national origin. Employees are also legally protected from retaliation for filing a whistleblower complaint, reporting discrimination, taking FMLA leave, making a complaint regarding OSHA violations or pursuing a workers’ compensation claim.

In addition, some states have laws that protect employees when it comes to an employer’s conduct in attempting to influence how they vote. Kentucky’s law prohibits employers from dictating how employees should vote in state elections. An employer cannot:

  • Exert pressure on employees to vote a certain way
  • Coerce employees to vote for a specific political party
  • Direct employees to vote for a particular candidate for state office
  • Threaten to fire an employee based on their voting activity
  • Disseminate any communications that they expect employees to vote for any particular candidate
  • Bribe or induce employees to vote a specific way in a state election
  • Threaten employees with a company shutdown if a particular candidate wins an election.

Although the Kentucky statute does not explicitly mention retaliation against an employee for participation in a political protest, it may be persuasively argued that such actions are at least as intimidating as interference with an employee’s voting rights. An argument can also be made that retaliation for protesting is against public policy.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

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