Kentucky
Kentucky Whistleblower Laws: Protections and How to Report
Kentucky protects public employees who report fraud, waste, or legal violations under the Kentucky Whistleblower Act (). The law prohibits retaliation and allows successful claimants to seek appropriate injunctive relief, punitive damages, or both. Private-sector workers are not covered by .
Overview of Kentucky Whistleblower Laws
Kentucky is an employment-at-will state, meaning employers can generally terminate employees for any reason or no reason at all. However, both statutory and common law exceptions exist to prevent employers from firing workers who report wrongdoing.
The most significant protection comes from the Kentucky Whistleblower Act, codified at KRS 61.102. This law shields public employees from retaliation when they disclose violations of law, waste, fraud, mismanagement, or threats to public health and safety.
Private-sector employees do not fall under KRS 61.102 but may still qualify for protection through other Kentucky statutes covering specific industries and workplace issues. Federal whistleblower laws also provide additional protections for workers in both the public and private sectors.
Make sure to also review the Federal Whistleblower Laws that apply alongside Kentucky state protections.
Who Is Protected Under the Kentucky Whistleblower Act
The Kentucky Whistleblower Act ( through 61.103) applies specifically to public employees. Under KRS 61.101, a covered "employer" includes the Commonwealth of Kentucky, any of its political subdivisions, and any state or local government agency.
Protected employees include workers at state agencies, county governments, city governments, public school districts, public universities, and other government bodies operating within Kentucky.
Private-sector employees are generally not covered by this act. However, courts have recognized that employees of private contractors performing a public function under a government contract may qualify for protection if the reported misconduct relates to that contract or the use of public funds.
Protected Activities Under KRS 61.102
The Kentucky Whistleblower Act prohibits employers from retaliating against public employees who engage in the following protected activities:
- Reporting violations of law. This includes disclosing an actual or suspected violation of any federal, state, or local law, statute, executive order, administrative regulation, mandate, rule, or ordinance.
- Reporting mismanagement and fraud. Employees are protected when they report facts or information about mismanagement, waste, fraud, or abuse of authority within their agency.
- Reporting public health or safety dangers. Disclosures about a substantial and specific danger to public health or safety are protected.
- Assisting other whistleblowers. Employees who aid or substantiate the claims of another employee who discloses wrongdoing are also protected.
Employees do not need to prove that a violation actually occurred. Under Kentucky law, a reasonable and good-faith belief that wrongdoing is taking place is sufficient for protection.
Employers are also prohibited from requiring employees to provide advance notice before making a disclosure. Employees may report directly to authorities including the Kentucky Legislative Ethics Commission, the Attorney General, the Auditor of Public Accounts, the Executive Branch Ethics Commission, and the General Assembly of the Commonwealth of Kentucky (KRS 61.102).
Common Law Protections for Whistleblowers
Beyond the statutory protections, Kentucky courts recognize a public policy exception to the employment-at-will doctrine. Under this exception, an employer cannot fire an employee for reasons that violate established public policy.
For example, if a statute grants an employee the right to collect at least the minimum wage, an employer who terminates that employee in retaliation for exercising that right may be found guilty of violating public policy. This common law protection can extend to private-sector employees who lack coverage under the Whistleblower Act itself.
The public policy exception provides an important safety net for workers whose specific situation is not addressed by a statute. Courts evaluate these claims on a case-by-case basis, looking at whether a clear public policy was violated by the termination.
Additional Statutory Protections by Topic
Kentucky has enacted several topic-specific statutes that protect employees from retaliation. These laws cover both public and private sector workers depending on the subject area.
Civil Rights and Discrimination
Under KRS 344.280, it is unlawful to retaliate against an individual for opposing a discriminatory practice, filing a complaint, or participating in an investigation or hearing under the Kentucky Civil Rights Act. This protection covers employees who report discrimination based on race, color, religion, national origin, sex, age, disability, and other protected characteristics.
Complaints must be filed with the Kentucky Commission on Human Rights within 180 days of the retaliatory action.
Disability Discrimination
Kentucky law prohibits employers from discharging, refusing to hire, or discriminating against individuals who oppose unfair practices related to disability, file charges, or participate in investigations under the state's disability rights statutes. Employees can file complaints with the Kentucky Department of Workplace Standards or file a lawsuit after providing 30 days' notice to the executive director of the Office of Workplace Standards.
Workers' Compensation
Under KRS 342.197, no employer may harass, coerce, discharge, or discriminate against an employee for filing or pursuing a lawful workers' compensation claim. Remedies include an injunction against further violations, actual damages (including lost wages), and the costs of the lawsuit, including a reasonable attorney's fee. There are no caps on damages under this statute. Employees have up to five years from the date of the retaliatory action to file a lawsuit.
Occupational Safety and Health
Under KRS 338.121, no person may discharge or discriminate against an employee for filing a safety complaint, starting a proceeding, testifying in a proceeding, or exercising a right under Kentucky's occupational safety and health laws. Kentucky operates an OSHA-approved State Plan, meaning the state handles its own workplace safety enforcement through the Kentucky Occupational Safety and Health (KYOSH) program. Complaints should be filed with the Department of Labor, Office of Occupational Safety and Health within 30 days after the retaliation.
Minimum Wage
Under KRS 337.990, employers may not retaliate against employees who complain about unpaid wages, start a proceeding, or testify in a proceeding related to minimum wage violations. Employers found guilty of retaliation face civil penalties ranging from $100 to $1,000.
Wage Payment and Sex-Based Pay Discrimination
Under KRS 337.423, employers may not discharge or discriminate against employees who take action to enforce equal pay protections. This statute specifically prohibits paying different wages to employees based on sex when they perform comparable work. Employees must file a lawsuit within six months of the retaliatory action.
Mining Safety
Under KRS 351.030, employers may not discharge or discriminate against an employee for testifying or failing to testify in a hearing about mine safety conducted by the Department of Natural Resources.
Medicaid Fraud
Under KRS 205.8465, employers may not retaliate against employees who report fraud or violations to the state Medicaid Fraud Control Unit or who testify in related proceedings. Kentucky does not have its own state-level False Claims Act with qui tam provisions, but the federal False Claims Act still applies to Medicaid fraud cases in the state.
How to File a Whistleblower Retaliation Claim
The process for filing a retaliation claim in Kentucky depends on which statute applies to your situation.
Public Employee Claims Under KRS 61.102
Public employees who believe they have faced retaliation must file a civil action within 90 days of the alleged retaliatory action. The employee must demonstrate by a preponderance of the evidence that the protected disclosure was a "contributing factor" in the adverse personnel action.
Under KRS 61.103, there is a rebuttable presumption that a disclosure was a contributing factor if the official who took the adverse action knew about the disclosure and acted within a limited time period such that a reasonable person would conclude the disclosure influenced the decision.
Complaints may also be filed with the Kentucky Personnel Board for state employees covered by the merit system. Forms can be submitted by mail, email (personnelboard@ky.gov), fax, or in person at 1025 Capital Center Drive, Suite 105, Frankfort, Kentucky 40601.
Discrimination and Civil Rights Claims
Employees should file complaints with the Kentucky Commission on Human Rights within 180 days of the retaliation. Complaints can be filed online, by phone at 1-800-292-5566 or 502-595-4024, or in person. All complaints must be signed and notarized.
Occupational Safety and Health Claims
File complaints with the Kentucky Department of Labor, Office of Occupational Safety and Health at (502) 385-0716 within 30 days after the retaliation. Employees may also file a separate complaint with federal OSHA to preserve their federal rights. (3)(b) sets a 30-day filing period for occupational safety whistleblower retaliation complaints.
General Statute of Limitations
For claims not covered by a specific filing deadline, Kentucky's general five-year statute of limitations for actions upon a liability created by statute (KRS 413.120) may apply. This is not the same as Kentucky's personal injury (bodily injury) statute of limitations, which is one year under .
| Claim Type | Filing Deadline | Where to File |
|---|---|---|
| Public employee (KRS 61.102) | 90 days | Civil court |
| Civil rights discrimination () | 180 days | KY Commission on Human Rights |
| Occupational safety () | 30 days | KY Dept. of Labor, OSH |
| Wage discrimination () | 6 months | Civil court |
| Workers' compensation () | 5 years | Civil court |
| General claims | 5 years | Civil court |
Remedies and Penalties for Retaliation
Kentucky law provides several remedies for employees who prove they were retaliated against for whistleblowing.
Public Employee Remedies
Under KRS 61.102, successful claimants may receive:
- Appropriate injunctive relief
- Punitive damages
- Or both, if the court finds both are warranted
General Remedies Under Other Statutes
Depending on the specific statute, employees may be entitled to:
- Reinstatement to their previous job position
- Full restoration of fringe benefits and privileges
- Compensatory damages for lost wages and emotional distress
- Punitive damages
- Injunctive relief
- Attorney's fees and court costs
Employer Penalties
Employers who violate minimum wage whistleblower protections face civil penalties ranging from $100 to $1,000 per violation under . For other statutes, penalties are determined by the court based on the severity of the retaliation.
Federal Whistleblower Protections That Apply in Kentucky
Kentucky employees may also be protected by several federal whistleblower laws, particularly in the private sector where state protections are more limited.
Federal False Claims Act (31 U.S.C. 3729-3733)
The federal False Claims Act allows individuals to file qui tam lawsuits on behalf of the federal government when they discover fraud against government programs, including Medicare and Medicaid. Successful whistleblowers may receive between 15% and 30% of the amount recovered. The act also prohibits retaliation against employees who file or assist with False Claims Act cases.
Sarbanes-Oxley Act (SOX)
SOX protects employees of publicly traded companies who report securities fraud, shareholder fraud, or violations of SEC rules. Employees must file retaliation complaints with the Department of Labor within 180 days of the adverse action.
Dodd-Frank Act
The Dodd-Frank Act protects employees who report securities law violations to the SEC. Whistleblowers may receive financial awards of 10% to 30% of monetary sanctions exceeding $1 million. Retaliation claims can be filed in federal court within six years of the adverse action.
OSHA Whistleblower Protection Program
The federal OSHA Whistleblower Protection Program enforces over 20 federal whistleblower statutes covering topics from workplace safety to environmental protection, transportation safety, and consumer product safety.
Whistleblower Hotlines and Resources in Kentucky
The following agencies handle whistleblower and retaliation complaints in Kentucky:
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Kentucky Commission on Human Rights: 502-595-4024 or 1-800-292-5566. Handles discrimination and retaliation complaints under the Kentucky Civil Rights Act.
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Kentucky Department of Workplace Standards: (502) 564-3070. Handles disability discrimination complaints.
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Kentucky Department of Labor, Office of Occupational Safety and Health: (502) 385-0716. Handles workplace safety retaliation complaints.
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Kentucky Personnel Board: (502) 564-7430. Handles appeals from state merit system employees, including whistleblower retaliation claims. Email: personnelboard@ky.gov.
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Kentucky Legislative Ethics Commission: Accepts disclosures about legislative branch misconduct. Filing information.
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Kentucky Attorney General: Accepts reports of government fraud and misconduct.
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OSHA Whistleblower Protection Program: 1-800-321-OSHA (6742). Federal complaints for workplace safety retaliation.
More Kentucky Laws
Frequently Asked Questions
Does Kentucky's Whistleblower Act protect private-sector employees?
No. The Kentucky Whistleblower Act (KRS 61.102) only protects public employees who work for state or local government agencies. Private-sector employees may find protection under other Kentucky statutes covering specific topics like workers' compensation, occupational safety, discrimination, and wage violations. Federal whistleblower laws such as the False Claims Act and Dodd-Frank Act may also apply.
How long do I have to file a whistleblower retaliation claim in Kentucky?
The deadline depends on the type of claim. Public employees under KRS 61.102 must file within 90 days. Discrimination claims under KRS 344.280 must be filed within 180 days. Occupational safety complaints must be filed within 30 days under KRS 338.121. Workers' compensation retaliation claims have a five-year deadline. If no specific deadline applies, Kentucky's general five-year statute of limitations for statutory-liability claims under KRS 413.120 may govern (this differs from the one-year deadline for personal injury claims under KRS 413.140).
What remedies are available for whistleblower retaliation in Kentucky?
Remedies depend on the statute. Public employees under KRS 61.101 to 61.103 can obtain injunctive relief and/or punitive damages. Workers' compensation retaliation claims under KRS 342.197 allow an injunction, actual damages, and litigation costs including attorney's fees. Other statutes carry their own remedy provisions.
Can I be required to notify my employer before reporting wrongdoing in Kentucky?
No. Under KRS 61.102, employers are specifically prohibited from requiring employees to give advance notice before making a disclosure. Public employees can report directly to authorities such as the Attorney General, the Auditor of Public Accounts, or law enforcement without first notifying their employer.
What is the contributing factor standard under Kentucky whistleblower law?
Under KRS 61.103, a whistleblower must show by a preponderance of the evidence that the protected disclosure was a contributing factor in the adverse personnel action. A contributing factor is any factor that tends to affect the outcome of a decision. The law creates a rebuttable presumption that the disclosure was a contributing factor if the decision-maker knew about it and acted within a time period short enough that a reasonable person would conclude the disclosure influenced the decision.
Updates
Corrected 5 statute-attribution/legal-fact errors verified against primary sources.
Governing law re-checked for recent changes
Corrected two overstated remedies descriptions to match the linked statute text: KRS 61.103 authorizes injunctive relief and/or punitive damages for public employees (not back pay, reinstatement, or attorney's fees), and KRS 342.197 authorizes an injunction against further violations, actual damages, and litigation costs including attorney's fees for workers' compensation retaliation (not reinstatement or punitive damages).
Corrected the remedies FAQ to track what each Kentucky retaliation statute actually authorizes.
Governing law re-checked for recent changes
The Law Behind This Article
This article rests on 12 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
Kentucky Revised Statutes, Chapter 205: PUBLIC ASSISTANCE AND MEDICAL ASSISTANCE
§ 205.8465Mandatory reporting of violations -- Confidentiality -- Prohibition against employer discrimination or retaliationIn force
(1) Any person who knows or has reasonable cause to believe that a violation of this chapter has been or is being committed by any person, corporation, or entity, shall report or cause to be reported to the Office of Medicaid Fraud and Abuse Control in the Office of the Attorney General, or the Medicaid Fraud and Abuse hotline, the following information, if known: (a) The name and address of the offender; (b) The offender's place of employment; (c) The nature and extent of the violation; (d) The identity of the complainant; and (e) Any other information that the receiving person reasonably believes might be helpful in investigation of the alleged fraud, abuse, or misappropriation. The Office of Medicaid Fraud and Abuse Control shall periodically publicize the provisions of this subsection. (2) The identity of any person making a report under this section shall be considered confidential by the receiving party. Any person making a report under this section regarding the offenses of another shall not be liable in any civil or criminal action based on the report if it was made in good faith.
Official text (excerpt) · as of 2026-07-29 · Read the full section at apps.legislature.ky.gov
Cited in 4 court opinionsMost recently applied by a court: 2023
Leading cases: Follett v. Gateway Regional Health System, Inc. (Court of Appeals of Kentucky 2007, 229 S.W.3d 925) · Miracle v. Bell County Emergency Medical Services (Court of Appeals of Kentucky 2007, 237 S.W.3d 555) · Mitchell v. Coldstream Laboratories, Inc. (Court of Appeals of Kentucky 2010, 337 S.W.3d 642)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Kentucky Revised Statutes, Chapter 337: WAGES AND HOURS
§ 337.423Discrimination prohibitedIn force
(1) No employer shall discriminate between employees in the same establishment on the basis of sex, by paying wages to any employee in any occupation in this state at a rate less than the rate at which he or she pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility. Differentials which are paid pursuant to established seniority systems or merit increase systems, which do not discriminate on the basis of sex, shall not be included within this prohibition. Nothing in KRS 337.420 to 337.433 and 337.990(11) shall apply to any employer who is subject to the federal Fair Labor Standards Act of 1938, as amended, when that act imposes comparable or greater requirements than contained in KRS 337.420 to 337.433 and 337.990(11) and when the employer files with the commissioner of the Department of Workplace Standards a statement that the employer is covered by the federal Fair Labor Standards Act of 1938, as amended. (2) An employer who is paying a wage differential in violation of KRS 337.420 to 337.433 and 337.990(11) shall not, in order to comply with it, reduce the wage rates of any employee.
Official text (excerpt) · as of 2026-07-29 · Read the full section at apps.legislature.ky.gov
Cited in 6 court opinionsMost recently applied by a court: 2025
Leading cases: Mrs. Jane MITCHELL Et Al., Plaintiffs-Appellants, v. MID-CONTINENT SPRING COMPANY OF KENTUCKY, Defendant-Appellee (Court of Appeals for the Sixth Circuit 1972, 466 F.2d 24) · Davenport v. Charter Communications, LLC (District Court, E.D. Missouri 2014, 35 F. Supp. 3d 1040) · Kyrkanides v. University of Kentucky (District Court, E.D. Kentucky 2023)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 337.990Civil penaltiesIn forcecited in 2 of our articles
The following civil penalties shall be imposed by the Education and Labor Cabinet, in accordance with the provisions in KRS 336.985, for violations of the provisions of this chapter: (1) Any firm, individual, partnership, or corporation that violates KRS 337.020 shall be assessed a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each offense. Each failure to pay an employee the wages when due him under KRS 337.020 shall constitute a separate offense. (2) Any employer who violates KRS 337.050 shall be assessed a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). (3) Any employer who violates KRS 337.055 shall be assessed a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each offense and shall make full payment to the employee by reason of the violation. Each failure to pay an employee the wages as required by KRS 337.055 shall constitute a separate offense.
Official text (excerpt) · as of 2026-07-29 · Read the full section at apps.legislature.ky.gov
Cited in 9 court opinionsMost recently applied by a court: 2025
Leading cases: TECO Mechanical Contractor, Inc. v. Commonwealth (Kentucky Supreme Court 2012, 366 S.W.3d 386) · Berrier v. Bizer (Kentucky Supreme Court 2001, 57 S.W.3d 271) · Hardin Memorial Hospital, Inc. v. Land (Court of Appeals of Kentucky 1983, 645 S.W.2d 711)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Final Paycheck Laws: The 14-Day Rule Explained
Kentucky Revised Statutes, Chapter 338: OCCUPATIONAL SAFETY AND HEALTH OF EMPLOYEES
§ 338.121Request for inspection -- Discrimination against employee prohibited -- RecourseIn forcecited in 2 of our articles
(1) Any employee, or representative authorized by the employees, who believes that a violation of an occupational safety and health standard exists that threatens physical harm, or that an imminent danger exists in their workplace, may request an inspection by giving notice to the commissioner of such violation or danger. Any such notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice, including the date the violation is alleged to have occurred, and shall be signed by the employees or the representative authorized by the employees, and a copy shall be provided to the employer or the employer's agent no later than at the time of inspection, except that, upon written request of an employee giving such notice, his or her name shall not appear in such copy. (2) If upon receipt of notification, reasonable grounds evidence any violation or danger in the workplace, then a special inspection shall be made in accordance with the provisions of KRS 338.101 and 338.111.
Official text (excerpt) · as of 2026-07-29 · Read the full section at apps.legislature.ky.gov
Cited in 13 court opinionsMost recently applied by a court: 2024
Leading cases: Benningfield v. Pettit Environmental, Inc. (Court of Appeals of Kentucky 2005, 183 S.W.3d 567) · Kentucky Occupational Safety & Health Review Commission v. Estill County Fiscal Court (Kentucky Supreme Court 2016, 503 S.W.3d 924) · Terminix International, Inc. v. Secretary of Labor (Court of Appeals of Kentucky 2002, 92 S.W.3d 743)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Workplace Recording Laws: Employee and Employer Rights
Kentucky Revised Statutes, Chapter 342: WORKERS' COMPENSATION
§ 342.197Discrimination against employees who have filed claims or who have a diagnosis of coal-related pneumoconiosis -- Civil remediesIn forcecited in 2 of our articles
(1) No employee shall be harassed, coerced, discharged, or discriminated against in any manner whatsoever for filing and pursuing a lawful claim under this chapter. (2) It is unlawful practice for an employer: (a) To fail or refuse to hire, or to discharge any individual, or otherwise to discriminate against an individual with respect to his compensation, terms, conditions, or privileges of employment, because such individual has been diagnosed as having category 1/0, 1/1, or 1/2 occupational pneumoconiosis with no respiratory impairment resulting from exposure to coal dust; or (b) To limit, segregate, or classify his employees in any way which would deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect his status as an employee, because such individual has been diagnosed as having category 1/0, 1/1, or 1/2 occupational pneumoconiosis with no respiratory impairment resulting from exposure to coal dust.
Official text (excerpt) · as of 2026-07-29 · Read the full section at apps.legislature.ky.gov
Cited in 65 court opinionsMost recently applied by a court: 2026
Leading cases: Wymer v. JH Properties, Inc. (Kentucky Supreme Court 2001, 50 S.W.3d 195) · Hardaway Management Co. v. Southerland (Kentucky Supreme Court 1998, 977 S.W.2d 910) · Kentucky Harlan Coal Co. v. Holmes (Kentucky Supreme Court 1994, 872 S.W.2d 446)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Workers' Compensation Laws: Benefits, Deadlines, and Your Rights
Kentucky Revised Statutes, Chapter 344: CIVIL RIGHTS
§ 344.280Conspiracy to violate chapter unlawfulIn force
It shall be an unlawful practice for a person, or for two (2) or more persons to conspire: (1) To retaliate or discriminate in any manner against a person because he has opposed a practice declared unlawful by this chapter, or because he has made a charge, filed a complaint, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under this chapter; or (2) To aid, abet, incite, compel, or coerce a person to engage in any of the acts or practices declared unlawful by this chapter; or (3) To obstruct or prevent a person from complying with the provisions of this chapter or any order issued thereunder; (4) To resist, prevent, impede, or interfere with the commission, or any of its members or representatives, in the lawful performance of duty under this chapter; or (5) To coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by KRS 344.360, 344.367, 344.370, 344.380, or 344.680.
Official text (excerpt) · as of 2026-07-29 · Read the full section at apps.legislature.ky.gov
Cited in 145 court opinionsMost recently applied by a court: 2026
Leading cases: Brooks v. Lexington-Fayette Urban County Housing Authority (Kentucky Supreme Court 2004, 132 S.W.3d 790) · Hill v. Kentucky Lottery Corp. (Kentucky Supreme Court 2010, 327 S.W.3d 412) · Asbury University v. Powell (Kentucky Supreme Court 2016, 486 S.W.3d 246)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Kentucky Revised Statutes, Chapter 351: DEPARTMENT FOR NATURAL RESOURCES
§ 351.030Hearings before department -- Petition for interventionIn force
(1) All administrative hearings conducted by the department shall be conducted in accordance with KRS Chapter 13B and this section. Following the hearing, the department shall decide each matter in controversy. No person shall be discharged or otherwise discriminated against by his or her employer for testifying, or for his failure to testify, at these hearings. (2) The executor or administrator of a deceased miner's estate, or his or her designee, in the case of a fatality, miners that are injured as a result of an accident, and miners that are significantly affected by the conduct that gave rise to a disciplinary proceeding shall be granted the right of intervention in the penalty phase of that proceeding. The petition for intervention shall be made in accordance with KRS 13B.060(3). All hearings before the Mine Safety Review Commission shall be open proceedings. Any party with pertinent information regarding a mine accident may submit that information directly to the division's chief accident investigator.
Official text (excerpt) · as of 2026-07-29 · Read the full section at apps.legislature.ky.gov
Kentucky Revised Statutes, Chapter 413: LIMITATION OF ACTIONS
§ 413.120Actions to be brought within five yearsIn forcecited in 5 of our articles
The following actions shall be commenced within five (5) years after the cause of action accrued: (1) An action upon a contract not in writing, express or implied. (2) An action upon a liability created by statute, when no other time is fixed by the statute creating the liability. (3) An action for a penalty or forfeiture when no time is fixed by the statute prescribing it. (4) An action for trespass on real or personal property. (5) An action for the profits of or damages for withholding real or personal property. (6) An action for an injury to the rights of the plaintiff, not arising on contract and not otherwise enumerated. (7) An action upon a bill of exchange, check, draft or order, or any endorsement thereof, or upon a promissory note, placed upon the footing of a bill of exchange. (8) An action to enforce the liability of a steamboat or other vessel. (9) An action upon a merchant's account for goods sold and delivered, or any article charged in such store account. (10) An action upon an account concerning the trade of merchandise, between merchant and merchant or their agents. (11) An action for relief or damages on the ground of fraud or mistake.
Official text (excerpt) · as of 2026-07-29 · Read the full section at apps.legislature.ky.gov
Cited in 386 court opinionsMost recently applied by a court: 2026
Leading cases: Craft v. Rice (Kentucky Supreme Court 1984, 671 S.W.2d 247) · Saylor v. Hall (Court of Appeals of Kentucky (pre-1976) 1973, 497 S.W.2d 218) · Metro Louisville/Jefferson County Government v. Abma (Court of Appeals of Kentucky 2009, 326 S.W.3d 1)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Dog Bite Laws: Liability and Victim Rights, Kentucky Statute of Limitations: Filing Deadlines by Case Type, Kentucky Hit and Run Laws: Penalties and What to Do
§ 413.140Actions to be brought within one yearIn forcecited in 13 of our articles
(1) The following actions shall be commenced within one (1) year after the cause of action accrued: (a) An action for an injury to the person of the plaintiff, or of her husband, his wife, child, ward, apprentice, or servant; (b) An action for injuries to persons, cattle, or other livestock by railroads or other corporations, with the exception of hospitals licensed pursuant to KRS Chapter 216; (c) An action for malicious prosecution, conspiracy, arrest, seduction, criminal conversation, or breach of promise of marriage; (d) An action for libel or slander; (e) An action against a physician, surgeon, dentist, or hospital licensed pursuant to KRS Chapter 216, for negligence or malpractice; (f) A civil action, arising out of any act or omission in rendering, or failing to render, professional services for others, whether brought in tort or contract, against a real property appraiser holding a certificate or license issued under KRS Chapter 324A or a real estate broker or sales associate holding a license issued under KRS Chapter 324; (g) An action for the escape of a prisoner, arrested or imprisoned on civil process; (h) An action for the recovery of usury paid for the loan…
Official text (excerpt) · as of 2026-07-29 · Read the full section at apps.legislature.ky.gov
Cited in 648 court opinionsMost recently applied by a court: 2026
Leading cases: Craft v. Rice (Kentucky Supreme Court 1984, 671 S.W.2d 247) · Rigazio v. Archdiocese of Louisville (Court of Appeals of Kentucky 1993, 853 S.W.2d 295) · Emberton v. GMRI, Inc. (Kentucky Supreme Court 2009, 299 S.W.3d 565)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Dashcam Laws: Legality, Mounting Rules, and Evidence Use, Kentucky Medical Recording Laws: Patient Rights and Healthcare Privacy, Kentucky Car Accident Laws: Fault, Insurance, and Your Claim
Kentucky Revised Statutes, Chapter 61: GENERAL PROVISIONS AS TO OFFICES AND OFFICERS -- SOCIAL SECURITY FOR PUBLIC EMPLOYEES -- EMPLOYEES RETIREMENT SYSTEM
§ 61.101DefinitionsIn force
As used in KRS 61.102 and 61.103, unless the context requires otherwise: (1) "Employee" means a person in the service of the Commonwealth of Kentucky, or any of its political subdivisions, who is under contract of hire, express or implied, oral or written, where the Commonwealth, or any of its political subdivisions, has the power or right to control and direct the material details of work performance; (2) "Employer" means the Commonwealth of Kentucky or any of its political subdivisions. Employer also includes any person authorized to act on behalf of the Commonwealth, or any of its political subdivisions, with respect to formulation of policy or the supervision, in a managerial capacity, of subordinate employees; and (3) "Official request" means a request from members of the Kentucky General Assembly and its employees; members of the Legislative Research Commission and its committees and employees; the Auditor of Public Accounts and his employees; the Attorney General and his employees; the Governor and employees of the Governor's office; and members of the press.
Official text (excerpt) · as of 2026-07-29 · Read the full section at apps.legislature.ky.gov
Cited in 45 court opinionsMost recently applied by a court: 2026
Leading cases: Commonwealth Department of Agriculture v. Vinson (Kentucky Supreme Court 2000, 30 S.W.3d 162) · Workforce Development Cabinet v. Gaines (Kentucky Supreme Court 2008, 276 S.W.3d 789) · Cabinet for Families & Children v. Cummings (Kentucky Supreme Court 2005, 163 S.W.3d 425)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 61.102Reprisal against public employee for disclosure of violations of law prohibited -- Construction of statuteIn forcecited in 2 of our articles
(1) No employer shall subject to reprisal, or directly or indirectly use, or threaten to use, any official authority or influence, in any manner whatsoever, which tends to discourage, restrain, depress, dissuade, deter, prevent, interfere with, coerce, or discriminate against any employee who in good faith reports, discloses, divulges, or otherwise brings to the attention of the Kentucky Legislative Ethics Commission, the Attorney General, the Auditor of Public Accounts, the Executive Branch Ethics Commission, the General Assembly of the Commonwealth of Kentucky or any of its members or employees, the Legislative Research Commission or any of its committees, members or employees, the judiciary or any member or employee of the judiciary, any law enforcement agency or its employees, or any other appropriate body or authority, any facts or information relative to an actual or suspected violation of any law, statute, executive order, administrative regulation, mandate, rule, or ordinance of the United States, the Commonwealth of Kentucky, or any of its political subdivisions, or any facts or information relative to actual or suspected mismanagement, waste, fraud, abuse of authority,…
Official text (excerpt) · as of 2026-07-29 · Read the full section at apps.legislature.ky.gov
Cited in 85 court opinionsMost recently applied by a court: 2026
Leading cases: Wymer v. JH Properties, Inc. (Kentucky Supreme Court 2001, 50 S.W.3d 195) · Commonwealth Department of Agriculture v. Vinson (Kentucky Supreme Court 2000, 30 S.W.3d 162) · Workforce Development Cabinet v. Gaines (Kentucky Supreme Court 2008, 276 S.W.3d 789)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 61.103Definitions of "disclosure" and "contributing factor" -- Civil action by employee authorized -- EvidenceIn force
As used in this section, unless the context otherwise requires: (1) (a) "Disclosure" means a person acting on his own behalf, or on behalf of another, who reported or is about to report, either verbally or in writing, any matter set forth in KRS 61.102. (b) "Contributing factor" means any factor which, alone or in connection with other factors, tends to affect in any way the outcome of a decision. It shall be presumed there existed a "contributing factor" if the official taking the action knew or had constructive knowledge of the disclosure and acted within a limited period of time so that a reasonable person would conclude the disclosure was a factor in the personnel action. (2) Notwithstanding the administrative remedies granted by KRS Chapters 16, 18A, 78, 90, 95, 156, and other chapters of the Kentucky Revised Statutes, employees alleging a violation of KRS 61.102(1) or (2) may bring a civil action for appropriate injunctive relief or punitive damages, or both, within ninety (90) days after the occurrence of the alleged violation.
Official text (excerpt) · as of 2026-07-29 · Read the full section at apps.legislature.ky.gov
Cited in 29 court opinionsMost recently applied by a court: 2026
Leading cases: Commonwealth Department of Agriculture v. Vinson (Kentucky Supreme Court 2000, 30 S.W.3d 162) · Davidson v. Commonwealth, Department of Military Affairs (Court of Appeals of Kentucky 2004, 152 S.W.3d 247) · Cabinet for Families & Children v. Cummings (Kentucky Supreme Court 2005, 163 S.W.3d 425)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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This article also draws on these acts and chapters (opening at their first section): Kentucky Revised Statutes, Chapter 344: CIVIL RIGHTS § 344.010 (Definitions for chapter) · Kentucky Revised Statutes, Chapter 337: WAGES AND HOURS § 337.010 (Definitions for chapter)
Related law for further reading — not part of this article’s citations.
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Sources and References
- KRS 61.102 - Reprisal against public employee for disclosure of violations of law(apps.legislature.ky.gov).gov
- KRS 61.101 - Definitions for Kentucky Whistleblower Act(apps.legislature.ky.gov).gov
- KRS 61.103 - Definitions of disclosure and contributing factor(apps.legislature.ky.gov).gov
- KRS Chapter 344 - Kentucky Civil Rights Act(apps.legislature.ky.gov).gov
- KRS 342.197 - Workers Compensation retaliation protections(apps.legislature.ky.gov).gov
- KRS Chapter 337 - Wages and hours protections(apps.legislature.ky.gov).gov
- Kentucky Commission on Human Rights(kchr.ky.gov).gov
- Kentucky Personnel Board - Statutes and Regulations(personnelboard.ky.gov).gov
- OSHA Whistleblower Protection Program - State Plan retaliation rights(whistleblowers.gov).gov
- SEC Dodd-Frank Whistleblower Protections(sec.gov).gov
- OSHA Sarbanes-Oxley Act Fact Sheet(osha.gov).gov
- DOJ Civil Division - False Claims Act statistics(justice.gov).gov