Kentucky Supreme Court Applies Rule of At-Will Employment to Court Employee

Kentucky Supreme Court Applies Rule of At-Will Employment to Court Employee

      In a recent decision, the Kentucky Supreme Court applied the rule of at-will employment to a court employee.  Travis v. Minton, 2013 WL 4620532 (Ky. Aug. 29, 2013). 

      Travis was an employee at the Barren-Metcalf County Family Court working for Judge Nance.  An investigation had revealed that Travis was creating a hostile work environment and atmosphere of fear in the court and as well that she had violated certain confidentiality rules.  It was then requested of Judge Nance that he terminate Travis; he declined to do so.  The Administrative Office of the Court, acting through its director pursuant to authority granted by Chief Justice Minton, then acted to terminate Travis’ employment.

      After efforts to bring an action in the lower courts, an original action was filed in the Supreme Court in which Travis sought to challenge the termination of her employment, seeking reinstatement with full back pay.

      Under the rules of court employees, Travis was in a non-tenured position.  She asserted that she was still entitled to challenge the determinations that were the basis of her termination.  The Court determined, however, that as she was an at-will employee she could be terminated with or without cause.  As such, it would be “absurd and illogical” to hold that she had a right to challenge the basis of her termination when no cause was required.  On the same basis, she was not entitled to a pre-termination hearing, that right being restricted to those who hold a property interest in their employment.  Being an at-will employee, she held no such property interest.  As for claims that she was entitled to due process protections in order to protect reputational rights, in that the courts had not promulgated any explanation for her termination, no such rights were infringed.  Simply put:

Ms. Travis was an at-will employee who had no due process rights relating to her non-tenured employment.  She was not entitled to a hearing to challenge her termination.