Common Employer Defenses

Our Spencer County Wrongful Termination Lawyer Explains Common Employer DefensesSpencer County Wrongful Termination Lawyer gavel balance

As a Spencer County wrongful termination lawyer, Patricia. A. Abell has lead litigation for small businesses and their employees in the areas of employment law. Whenever a claim of wrongful discharges is alleged, it is beneficial to know what defenses may be used. The most common defense is known as the good cause.

Unless contracted otherwise, most employees are known as at-will employees. As such, an employer may legally terminate employment for any non-discriminatory reason. Such reasons may include:

1. Business Necessity

An employer may use business necessity in defense of an adverse employment decision made due to the requirements of the company. Good cause may be shown illustrated as a business necessity with companies who require seasonal employment or when the business environment requires a reduction in forces. These are just a few examples of the use of the business necessity defense. It is recommended that an employer consult with a Spencer County wrongful termination lawyer prior to taking any adverse employment action that may lead to a wrongful termination lawsuit.

2. Bona fide Occupational Qualification

There are some positions that may require than an employee have certain characteristics or attributes to successfully complete the job. These are known as Bona fide Occupational Qualifications or BFOQ. A BFOQ can illustrate good cause even when the termination may seem discriminatory on its face. An example of a good cause BFOQ would be the hiring of a specific gender as a locker room attendant at a spa. If your termination was based on a BFOQ, the employer must be ready to prove that the qualification is reasonable and necessary to the company’s operation. Contacting a Spencer County wrongful discharge lawyer can help provide guidance as to what qualifies as a BFOQ.

Contact a Spencer County Wrongful Termination Lawyer

Patricia A. Abell is a Spencer County wrongful termination lawyer who has over 30 years of experience in employment law. She has served small businesses and employees in wrongful discharge matters. If you would like a consultation to advise you of your rights under the law please contact her at (502) 561-3455.


  • Pat is a fighter. It's great to have someone like this on your side. She does extensive research and is fully prepared to do battle in court. Thank you Pat for all your great work, professionalism and dedication.

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Areas Served :

Patricia Abell's Law office is located in Louisville, Jefferson County, Kentucky. My office serves clients living in the Kentucky counties of Breckinridge, Bullitt, Hardin, Jefferson, Larue, Marion, Meade, Nelson, Oldham, Spencer and Washington, This includes the cities of Cloverport, Hardinsburg, Irvington, Fox Chase, Hebron Estates, Hillview, Lebanon Junction, Mount Washington, Pioneer Village, Shepherdsville, Elizabethtown, Radcliff, Sonora, Upton, Vine Grove, West Point, Anchorage, Audubon Park, Buechel, Goose Creek, Hurstbourne, Jeffersontown, Okolona, Prospect, Hodgenville, Bradfordsville, Lebanon, Loretto, Raywick, Brandenburg, Ekron, Muldraugh, Bardstown, Bloomfield, Fairfield, New Haven, Crestwood, Goshen, Lagrange, Pewee Valley, Taylorsville, Elk Creek, Mount Eden, Springfield.